The Income Support (General) Regulations 1987 ARRANGEMENT

6.2501

[Reg. 16(3)(b)(ii) and defn. of “prisoner” in reg. 21 have temporary effectsas a result of provisions made due to the outbreak of COVID-19. See S.I.2020/409].

[See S.I. 1999/779 at page 1.6401 for details of treatment of persons andpayments participating in New Deal 25 plus].

[In the following S.I. wherever the words “training for work” appear substitutethe words “work based training for adults” except in the case of reference to thetitle or principal order or of the 1993 order. As per S.I. 1998/1426 from 3.7.98].

1987 No.1967

SOCIAL SECURITY

The Income Support (General) Regulations 1987

Made - - - - 20th November 1987

Laid before Parliament 11th April 1988

ARRANGEMENT OF REGULATIONS

PART I

General

1. Citation and commencement2. Interpretation

2A. Disapplication of section 1(1A) of the Administration Act3. Definition of non-dependant

3A. Permitted period

PART II

Conditions of Entitlement

4ZA. Prescribed categories of person4. Temporary absence from Great Britain5. Persons treated as engaged in remunerative work6. Persons not treated as engaged in remunerative work7. Meaning of employment (revoked)8. Persons not required to be available for employment (revoked)9. Persons treated as available for employment (revoked)

10. Circumstances in which claimants are not to be treated as available foremployment (revoked)

10A. Actively seeking employment (revoked)11. Registration for employment (revoked)12. Relevant education13. Circumstances in which persons in relevant education are to be entitled to

income support

13A. Persons under 18 years (revoked)

Supplement No. 127 [March 2020]

INCOME SUPPORT (GENERAL) REGULATIONS SI 1987/1967

The Law Relating to Social Security

SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987

6.2502

S


PART III

Membership of a family

14. Persons of a prescribed description15. Circumstances in which a person is to be treated as responsible or not

responsible for another16. Circumstances in which a person is to be treated as being or not being a

member of the household

PART IV

Applicable amounts

17. Applicable amounts

18. Polygamous marriages

19. Applicable amounts for persons in residential care and nursing homes(deleted)

20. Applicable amounts for persons in board and lodging accommodation andhostels (deleted)

21. Special cases

21AA. Special cases: supplemental - persons from abroad

21ZB. Treatment of refugees21A. Reductions in applicable amounts in certain cases of failure to attend

courses (revoked)

22. Reductions in applicable amounts in certain cases of actual or notionalunemployment benefit disqualification (revoked)

22A. Reduction in applicable amount where the claimant is appealing againsta decision which embodies a determination that he is not incapable ofwork

PART V

Income and capital

CHAPTER I: GENERAL

23. Calculation of income and capital of members of claimant’s family and ofa polygamous marriage

23A. Income of participants in self-employment route

24. Treatment of charitable or voluntary payments (deleted)

25. Child maintenance or liable relative payments

25A. Child support (omitted)

26. Calculation of income and capital of students

27. Rounding of fractions

CHAPTER II: INCOME

28. Calculation of income29. Calculation of earnings derived from employed earner’s employment and

income other than earnings


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987

6.2503Supplement No. 90 [March 2010]

30. Calculation of earnings of self-employed earners

31. Date on which income is treated as paid

32. Calculation of weekly amount of income33. Weekly amount of charitable or voluntary payment (deleted)

34. Incomplete weeks of benefit (deleted)

CHAPTER III: EMPLOYED EARNERS

35. Earnings of employed earners36. Calculation of net earnings of employed earners

CHAPTER IV: SELF-EMPLOYED EARNERS

37. Earnings of self-employed earners

38. Calculation of net profit of self-employed earners39. Deduction of tax and contributions for self-employed earners

CHAPTER IVA: PARTICIPANTS IN SELF-EMPLOYMENT ROUTE

39A. Interpretation

39B. Treatment of gross receipts of participants in the self-employment route

39C. Calculation of income of participants in the self-employment route39D. Deduction in respect of tax for participation in the self-employment

route

CHAPTER V: OTHER INCOME

40. Calculation of income other than earnings

41. Capital treated as income42. Notional income

43. Notional earnings of seasonal workers (deleted)

44. Modifications in respect of children and young persons

CHAPTER VI: CAPITAL

45. Capital limit

46. Calculation of capital

47. Disregard of capital of child or young person48. Income treated as capital

49. Calculation of capital in the United Kingdom

50. Calculation of capital outside the United Kingdom51. Notional capital

51A. Diminishing notional capital rule

52. Capital jointly held53. Calculation of tariff income from capital



6.2504 Supplement No. 90 [March 2010]

CHAPTER VII: LIABLE RELATIVE PAYMENTS

54. Interpretation55. Treatment of liable relative payments

55A. Disregard of payments treated as not relevant income

56. Period over which periodical payments are to be taken into account57. Period over which payments other than periodical payments are to be

taken into account

58. Calculation of the weekly amount of a liable relative payment59. Date on which a liable relative payment is to be treated as paid

60. Liable relative payments to be treated as capital (omitted)

CHAPTER VIIA: CHILD SUPPORT (omitted)

60A. Interpretation (omitted)

60B. Treatment of child support maintenance (omitted)

60C. Calculation of the weekly amount of payments of child support main-tenance (omitted)

60D. Date on which child support maintenance is to be treated as paid (omitted)

60E. Disregard of payments treated as not relevant income (omitted)

CHAPTER VIII: STUDENTS

61. Interpretation62. Calculation of grant income

63. Calculation of covenant income where a contribution is assessed

64. Covenant income where no grant income or no contribution is assessed65. Relationship with amounts to be disregarded under Schedule 9

66. Other amounts to be disregarded

66A. Treatment of student loans66B. Treatment of payments from access funds

66C. Treatment of fee loans

67. Disregard of contributions67A. Further disregard of student’s income

68. Income treated as capital

69. Disregard of changes occurring during summer vacation

PART VI

Urgent cases

70. Urgent cases (Revoked)

71. Applicable amounts in urgent cases (Revoked)

72. Assessment of income and capital in urgent cases (Revoked)



6.2505Supplement No. 121 [Dec 2017]

PART VII

Calculation of Income Support for part-weeks

73. Amount of income support payable74. Relevant week

75. Modifications in the calculation of income

76. Reduction in certain cases77. Modification of section 23(5) of the Act

SCHEDULES

1. Persons not required to be available for employment (revoked)

1A. Circumstances in which a person aged 16 or 17 is eligible for incomesupport (revoked)

1B. Prescribed categories of person

2. Applicable amounts

3. Housing costs3A. Protected sum (revoked)

3B. Protected sum (revoked)

3C. The Greater London Area (omitted)

4. Applicable amounts of persons in residential care or nursing homes(deleted)

5. Applicable amounts of persons in board and lodging accommodation(omitted)

6. Board and Lodging areas (omitted)

7. Applicable amounts in special cases8. Sums to be disregarded in the calculation of earnings

9. Sums to be disregarded in the calculation of income other than earnings

10. Capital to be disregarded

Whereas a draft of this instrument was laid before Parliament in accordance withsection 83(3) of the Social Security Act 1986 and approved by resolution of eachHouse of Parliament:

Now, therefore, the Secretary of State for Social Services, in exercise of thepowers conferred by sections 20(1), (3)(d), (4), (9), (11) and (12), 22(1), (2), (4)and (5) to (9), 23(1), (3) and (5), 51(1)(n) and 84(1) of the Social Security Act1986(a) and sections 114, 166(1) to (3A) of the Social Security Act 1975(b) andof all other powers enabling him in that behalf by this instrument, which is madebefore the end of a period of 12 months from the commencement of theenactments under which it is made, hereby makes the following Regulations:

(a ) 1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meaningsassigned to the words “prescribed” and “regulations”.

(b) 1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986(c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) isapplied by section 83(1) of that Act.



6.2506

(a ) 1996 c. 18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002(c. 22).

(b) 2004 c. 32(c) Section 35 was amended by the National Health Service Act 1977 (c. 49), Schedule 15,

paragraph 63, by the Social Security Act 1979 (c. 18) section 2 and by the Social SecurityAct 1980 (c. 30), Schedule 1, Part II, paragraph 8.

(d) Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50),section 39 and Schedule 3, paragraph 6.

(e) 1975 c. 16.( f ) S.I. 1983/686; the relevant amending instruments are S.I. 1983/1164 and 1984/1675.(g ) 2007 c. 3.

Supplement No. 121 [Dec 2017]

PART IGENERAL

Citation and commencement

1. These Regulations may be cited as the Income Support (General)Regulations 1987 and shall come into force on 11th April 1988.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–�1“Abbeyfield Home” means an establishment run by the Abbeyfield Societyincluding all bodies corporate or incorporate which are affiliated to that Society;�“the Act” means the Social Security Act 1986;�2“the 2012 Act” means the Welfare Reform Act 2012;��3“adoption leave” means a period of absence from work on ordinary or additionaladoption leave by virtue of section 75A or 75B of the Employment Rights Act1996(a);��4“approved blood scheme” means a scheme established or approved by theSecretary of State, or trust established with funds provided by the Secretary ofState, for the purpose of providing compensation in respect of a person havingbeen infected from contaminated blood products;��5“the Armed Forces and Reserve Forces Compensation Scheme” means the schemeestablished under section 1(2) of the Armed Forces (Pensions and Compensation)Act 2004(b);��6“armed forces independence payment” means armed forces independencepayment under the Armed Forces and Reserve Forces (Compensation Scheme)order 2011;�

“attendance allowance” means–

(a) an attendance allowance under section 35 of the Social Security Act(c);(b) an increase of disablement pension under section 61 or 63 of that Act(d);(c) a payment under regulations made in exercise of the power conferred by

section 159(3)(b) of that Act;(d) an increase of an allowance which is payable in respect of constant

attendance under section 5 of the Industrial Injuries and Diseases (OldCases) Act 1975(e);

(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries(Civilians) Scheme 1983(f) or any analogous payment; or

(f) any payment based on need for attendance which is paid as part of a wardisablement pension;

�7“basic rate”, where it relates to the rate of tax, has the same meaning as in theIncome Tax Act 2007(g) (see section 989 of that Act);��8“the benefit Acts” means the Contributions and Benefits Act�9; the

3Defn. of “adoptionleave” inserted by reg.2(2)(a) of S.I. 2002/2689 as from 8.12.02.

5Defn. of “the ArmedForces and ReserveForces CompensationScheme” inserted byreg. 2(1) of S.I. 2005/574 as from 4.4.05.

Regs. 1-2

1Defn. of “AbbeyfieldHome” inserted by para.1(a)(ii) of Sch. 1 to S.I.2005/2687 as from24 .10 .05 .

8Defn. of “the benefitActs” in reg. 2(1) insertedby reg. 2(a) of S.I. 1996/206 as from 7.10.96.

7Defn. of “basic rate”inserted by reg. 2(2)(a)of S.I. 2009/583 asfrom 6.4.09.

2Defn. of “the 2012 Act”inserted by para. 11(a)of Sch. to S.I. 2013/388as from 8.4.13.

6Defn. of “armed forcesindependence payment”inserted by para. 4(2) ofSch. to S.I. 2013/591 asfrom 8.4.13.

4Defn. of “approvedblood scheme” insertedby reg. 2(2)(a) of S.I.2017/870 as from23 .10 .17 .

9Words inserted in defn.of “the benefit Acts” byreg. 2(2)(a) of S.I.2008/1554 as from27 .10 .08 .



Jobseekers Act 1995�1, Part 1 of the Welfare Reform Act�2, Part 4 of the 2012 Actand �3Parts 1 and 5 of the Pensions Act 2014��;��“benefit week” has the meaning prescribed in paragraph 4 of Schedule 7 tothe Social Security (Claims and Payments) Regulations 1987(a); �4and for thepurposes of calculating any payment of income and of regulation 74(2)(a)“benefit week” shall also mean the period of 7 days ending on the day beforethe first day of the first benefit week following the date of claim or the last day onwhich income support is paid if it is in payment for less than a week;��5“board and lodging accommodation” means–

(a) accommodation provided to a person or, if he is a member of a family,to him or any other member of his family, for a charge which is inclusiveof the provision of that accommodation and at least some cookedor prepared meals which both are cooked or prepared (by a person otherthan the person to whom the accommodation is provided or a memberof his family) and are consumed in that accommodation or associatedpremises; or

(b) accommodation provided to a person in a hotel, guest house, lodginghouse or some similar establishment,

except accommodation provided by a close relative of his or of any othermember of his family, or other than on a commercial basis;��6“care home” in England �7� has the meaning assigned to it by section 3 of theCare Standards Act 2000, �7in Wales means a care home service within the meaningof Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 whichis provided wholly or mainly to persons aged 18 or over� and in Scotland meansa care home service within the meaning assigned to it by �8paragraph 2 of Schedule12 to the Public Services Reform (Scotland) Act 2010�;��9“child tax credit” means a child tax credit under section 8 of The Tax CreditsAct 2002;��10“the Children Order” means the Children (Northern Ireland) Order 1995(b);�“claimant” means a person claiming income support;“close relative” means a parent, parent-in-law, son, son-in-law, daughter,daughter-in-law, step-parent, step-son, step-daughter, brother, sister, �11or, if anyof the preceding persons is one member of a couple, the other member of thatcouple�;�12�“concessionary payment” means a payment made under arrangements madeby the Secretary of State with the consent of the Treasury which is chargedeither to the National Insurance Fund or to a Departmental Expenditure Voteto which payments of benefit �13or tax credits under the benefit Acts or the TaxCredits Act 2002(c)� are charged;�14“the Contributions and Benefits Act” means the Social Security Contribu-tions and Benefits Act 1992(d);��15“contribution-based jobseeker’s allowance” means an allowance under theJobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the2012 Act that removed references to an income-based allowance, and acontribution-based allowance under the Jobseekers Act 1995 as that Act has effectapart from those provisions;��16“the Contributions Regulations” means the Social Security (Contributions)Regulations 2001;�

The following defn. of “contributory employment and support allowancecontinues to be reproduced as it is maintained in force in certaincircumstances. See explanatory note of S.I. 2013/630 for when to apply.

(a ) S.I. 1987/1968.(b) S.I. 1995/755 (N.I. 2).(c) 2002 c. 21.(d) 1992 c. 4.

4Words added to reg.2(1) by reg. 2(a) of S.I.1988/1445 as from12.9 .88 .5Defn. inserted in reg.2(1) by reg. 2(a) of S.I.1988/2022 as from10.4 .89 .

14Defn. of “theContributions & BenefitsAct” inserted in reg. 2(1)by reg. 3 of S.I. 1993/315as from 12.4.93.

11Words substituted indefn. of “close relative”by para. 13(2)(a) ofSch. 3 to S.I. 2005/2877as from 5.12.05.

10Defn. of “the ChildrenOrder” inserted by reg.5(1) of S.I. 1998/563 asfrom 6.4.98.

9Defn. of “child taxcredit” inserted by Sch. 1,para. 1(a) of S.I. 2002/2402 as from 6.4.03.

6Defn. of “care home”inserted by para. 1(a)(ii)of Sch. 1 to S.I. 2005/2687 as from 24.10.05.


Reg. 2

12Defn. of “communitycharge benefit” omittedin reg. 2(1) by reg.2(2)(a)(i) of S.I. 2008/2767 as from 17.11.08.13Words substituted inreg. 2(1)(a) by reg.2(2)(a) of S.I. 2008/3157 as from 5.1.09.

16Defn. of “theContributionsRegulations” inserted inreg. 2(1) by reg. 2(2)of S.I. 2012/2575.

1Words substituted indefn. of “the benefitActs” by para. 11(b) ofthe Sch. to S.I. 2013/388 as from 8.4.13.

15Defn. of “contribution-based jobseekersAllowance” inserted byreg. 28(2)(a) of S.I. 2013/630 as from 29.4.13.

8Words in defn. of “carehome” substituted bypara. 14(a) of Sch. 2 toS.I. 2011/2581 as from28 .10 .11 .

2Words in defn. of “thebenefit Acts” substitutedby art. 8(2) of S.I.2015/1985 as from6.4 .16 .3Words substituted in thedefn. of “the benefits Acts”by art. 9(2) of S.I. 2017/422 as from 6.4.17.

7Words in defn. of “carehome” omitted &inserted by reg. 2(2) ofS.I. 2018/228 as from2.4 .18 .



�1“contributory employment and support allowance” means acontributory allowance under Part 1 of the Welfare Reform Act(employment and support allowance);�

�2“contributory employment and support allowance” means an allowance underPart 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, andPart 1 of Schedule 14, to the 2012 Act that removed references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare ReformAct as that Part has effect apart from those provisions;�“co-ownership scheme” means a scheme under which a dwelling is let by a housingassociation and the tenant, or his personal representative, will, under the terms ofthe tenancy agreement or of the agreement under which he became a member ofthe association, be entitled, on his ceasing to be a member and subject to anycondition stated in either agreement, to a sum calculated by reference directly orindirectly to the value of the dwelling;

�3“couple” means–(a) two people who are married to, or civil partners of, each other and are

members of the same household; or(b) two people who are not married to, or civil partners of, each other but are

living together �4as if they were a married couple or civil partners.��5“course of study” means any course of study, whether or not it is a sandwichcourse (within the meaning prescribed in regulation 61(1)) and whether or not agrant is made for attending or undertaking it;�“Crown tenant” means a person who occupies a dwelling under a tenancy orlicence where the interest of the landlord belongs to Her Majesty in right of theCrown or to a government department or is held in trust for Her Majesty for thepurposes of a government department, except (in the case of an interest belongingto Her Majesty in right of the Crown) where the interest is under the managementof the Crown Estate Commissioners;�6“date of claim” means the date on which the claimant makes, or is treated asmaking, a claim for income support for the purposes of regulation 6 of the SocialSecurity (Claims and Payments) Regulations 1987(a);��7“disability living allowance” means a disability living allowance under section37ZA of the Social Security Act(b);��8�“dwelling occupied as the home” means the dwelling together with any garage,garden and outbuildings, normally occupied by the claimant as his home includingany premises not so occupied which it is impracticable or unreasonable to sellseparately, in particular, in Scotland, any croft land on which the dwelling issituated;“earnings” has the meaning prescribed in regulation 35 or, as the case may be, 37;�9�“employed earner” shall be construed in accordance with section 2(1)(a) of theSocial Security Act;�10“employment” except for the purposes of section 20(3)(d) of the Act, includesany trade, business, profession, office or vocation;��11“the Employment and Support Allowance Regulations” means the Employmentand Support Allowance Regulations 2008(c);��12�

Reg. 2

6.2508

6Defn. “date of claim”inserted by reg. 2(a) ofS.I. 1993/2119 as from4.10 .93 .

10Defn. of“employment” insertedby reg. 2(b) of S.I.1988/1445 as from12.9 .88 .

9Defns. of “earnings top-up” & “the Earnings top-up scheme” omitted byreg. 3(2)(a) of S.I. 2005/574 as from 4.4.05.

8Defn. of “disabledperson’s tax credit”omitted by Sch. 1, para.1(c) of S.I. 2002/2402as from 6.4.03.

5Defn. of “course ofstudy” substituted byreg. 5(2)(a) of S.I.2000/1981 as from31.7 .00 .

7Defn. “disability livingallowance” inserted byreg. 11(2) of S.I. 1991/2742 as from 6.4.92.


(a ) S.I. 1987/1968; regulation 6 was amended by S.I. 1988/522, 1989/1686, 1990/725, 1990/2208, 1991/2284 and 1991/2741.

(b) 1975 c. 14; section 37ZA was inserted by the Disability Living Allowance and DisabilityWorking Allowance Act 1991 (c. 21), section 1(2).

(c) S.I. 2008/794.

11Defn. of “the employmentand support allowanceregulations” inserted byreg. 2(2)(c) of S.I. 2008/1554 as from 27.10.08.12Defn. of “theEmployment, Skills andEnterprise Scheme”omitted by reg. 13 of2013/276 as from 6.45pm on 12.2.13.

3Defn. of “couple”substituted by Sch. 1para. 9 of S.I. 2014/107as from 13.3.14 (E&W)and Sch. 6, para. 5 ofS.I. 2014/3229 as from16.12.14 (S).

2Defn. of “contributoryemployment and supportallowance” inserted byreg. 28(2)(b) of S.I. 2013/630 as from 29.4.13.

1Words inserted in defn. of“contributory employmentand support allowance” byreg. 2(2)(b) of S.I. 2008/1554 as from 27.10.08.

4Words substituted indefn. of “couple” bySch. 3, para. 40 of S.I.2019/1458 as from2.12 .19 .



2Defns. of “employmentzone”, “employmentzone programme” and“employment zonecontractor” inserted byreg. 2 of S.I. 2000/724as from 3.4.00.

1Defn. of “full-timestudent” omitted fromafter defn. of“employment” andinserted after defn. of“employment zonecontractor”, by reg. 4 ofS.I. 2000/2422 as from9.10.00. Originallyinserted by reg. 4 of S.I.2000/1981 as from31.7 .00 .

�1�

�2“employment zone” means an area within Great Britain designated for thepurposes of section 60 of the Welfare Reform and Pensions Act 1999(a) and an“employment zone programme” means a programme established for such an areaor areas designed to assist claimants for a jobseeker’s allowance to obtainsustainable employment;“employment zone contractor” means a person who is undertaking the provisionof facilities in respect of an employment zone programme on behalf of the Secretaryof State for Education and Employment;�

�3“enactment” includes an enactment comprised in, or in an instrument madeunder, an Act of the Scottish Parliament �4or the National Assembly for Wales�;��5“first year of training” means a period of time beginning with a person’s firstday of training.��6�

�7“full-time student” has the meaning prescribed in regulation 61(1);��8“a guaranteed income payment” means a payment made under article 14(1)(b)or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme)Order 2005(b);��9“Health Service Act” means the National Health Service Act 2006(c);“Health Service (Wales) Act” means the National Health Service (Wales) Act2006(d);�“housing association” has the meaning assigned to it by section 1(1) of theHousing Associations Act 1985(e);�10“housing benefit expenditure” means expenditure in respect of which housingbenefit is payable as specified in �11regulation 12(1) of the Housing BenefitRegulations 2006� but does not include any such expenditure in respect of whichan amount is applicable under regulation 17(1)(e) or 18(1)(f) (housing costs); ��12“Immigration and Asylum Act” means the Immigration and Asylum Act1999(f).�

(a ) 1999 c. 30.(b) S.I. 2005/439.(c) 2006 c. 41.(d) 2006 c. 42.(e) 1985 c. 69.( f ) 1999 c. 33.

6Defn. of “ERApayment”omitted byreg. 2(2) of S.I. 2004/565 as from 1.4.04.

8Defn. of “a guaranteedincome payment” insertedby reg. 2(1) of S.I. 2005/574 as from 4.4.05.

7Defn. of “full-timestudent” omitted fromafter defn. of “employ-ment” and inserted afterdefn. of “employmentzone contractor”, by reg.4 of S.I. 2000/2422 asfrom 9.10.00. Originallyinserted by reg. 5 of S.I.2000/1981 as from31.7 .00 .

12Defn. of “Immigrationand Asylum Act”inserted by reg. 3(2) ofS.I. 2000/636 as from3.4 .00 .

10Defn. of “housingbenefit expenditure”substituted by reg. 4(1)of S.I. 1997/65 as from7.4.97, or the first day ofthe benefit week on orafter that date, whicheveris the later.11Words in defn. of“housing benefitexpenditure” substitutedby reg. 1(2) of Sch. 2 toS.I. 2006/217 as from6.3 .06 .

9Defns. of “Health ServiceAct” & Health Service(Wales) Act” inserted inreg. 2(1) by reg. 2(2)(b)of S.I. 2008/2767 as from17 .11 .08 .

3Defn. of “enactment”inserted by reg. 2(2) ofS.I. 2009/2655 on orafter 26.10.09 subject toreg. 1 ibid.

Supplement No. 121 [June 2015] 6.2509

Reg. 2

4Words inserted intodefn. of “enactment” byreg. 4(2) of S.I. 2013/2536 as from 29.10.13.5Defn. “first year oftraining” inserted byreg. 2(2) of S.I. 2015/389 as from 6.4.15.



6.2510 Supplement No. 111 [June 2015]

Reg. 2

11Defn. of “maternityleave” inserted by reg.2(b) of S.I . 1993/2119as from 4.10.93.12Words substituted indefn. of “maternityleave” by reg. 5(2)(a)of S.I. 2007/2618 asfrom 1.10.07.

9Defn. of “lower rate”inserted by reg. 12 ofS.I. 1992/2155 as from5.10 .92 .

(a ) 1988 c. 1; the definition of “lower rate” was added by the Finance Act 1992 (c. 20), section9(9).

(b) 1996 c. 18.

�1“Income-related employment and support allowance” means an income-relatedallowance under Part 1 of the Welfare Reform Act (employment and supportallowance);�

�2�

�3“independent hospital”–(a) in England, means a hospital as defined by section 275 of the National Health

Service Act 2006 that is not a health service hospital as defined by thatsection;

(b) in Wales, has the meaning assigned to it by section 2 of the Care StandardsAct 2000; and

(c) in Scotland, means an independent healthcare service as defined in �4section10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978�;�

�5�

“invalid carriage or other vehicle” means a vehicle propelled by petrol engine orby electric power supplied for use on the road and to be controlled by the occupant;

�6“last day of the course” has the meaning prescribed in regulation 61(1);�

“liable relative” has the meaning prescribed in regulation 54;�7“local welfare provision” means occasional financial or other assistance givenby a local authority, the Scottish Ministers or the Welsh Ministers, or a personauthorised to exercise any function of, or provide a service to, them, to or inrespect of individuals for the purpose of–

(a) meeting, or helping to meet, an immediate short term need–

(i) arising out of an exceptional event, or exceptional circumstances;and

(ii) that requires to be met in order to avoid a risk to the well-being of anindividual; or

(b) enabling individuals to establish or maintain a settled home, where thoseindividuals have been or, without the assistance, might otherwise be–

(i) in prison, hospital, a residential care establishment or other institution;or

(ii) homeless or otherwise living an unsettled way of life;�“lone parent” means a person who has no partner and who is responsible for, anda member of the same household as, a child or young person;“long tenancy” means a tenancy granted for a term of years certain exceedingtwenty one years, whether or not the tenancy is, or may become, terminable beforethe end of that term by notice given by or to the tenant or by re-entry, forfeiture(or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by lawunder a grant with a covenant or obligation for perpetual renewal unless it is alease by sub-demise from one which is not a long tenancy;�8“long-term patient” means a person who–

(a) is a patient within the meaning of regulation 21(3); and(b) has been such a patient for a continuous period of more than 52 weeks;�

�9“lower rate” where it relates to rates of tax has the same meaning as in theIncome and Corporation Taxes Act 1988(a) by virtue of section 832(1) ofthat Act;��10“the Mandatory Work Activity Scheme” means a scheme within section 17A ofthe Jobseekers Act 1995, known by that name and provided pursuant toarrangements made by the Secretary of State that is designed to provide work orwork-related activity for up to 30 hours per week over a period of four consecutiveweeks with a view to assisting claimants to improve their prospects of obtainingemployment;�

�11“maternity leave” means a period during which a woman is absent fromwork because she is pregnant or has given birth to a child, and at the end ofwhich she has a right to return to work either under the terms of her contractof employment or under �12Part VIII of the Employment Rights Act 1996(b)�;�

10Defn. of “theMandatory Work ActivityScheme” inserted by reg.4(3) of S.I. 2011/1707 asfrom 5.8.11.

6Defn. of “last day ofthe course” substitutedby reg. 5(2)(c) of S.I.2000/1981 as from31.7 .00 .

5Defn. of “IntensiveActivity Period for 50plus” omitted by reg.2(2) of S.I. 2008/698 asfrom 14.4.08.

3Defn. of “independenthospital” substituted byreg. 5 of S.I. 2010/1881as from 1.10.10.

8Defn. of “long-termpatient” inserted by reg.2(2) of S.I. 2007/719 asfrom 9.4.07 or later, seereg. 1 ibid.

7Defn. of “local welfareprovision” inserted byreg. 2(2) of S.I. 2013/443 as from 4.3.13.

4Words in defn. of“independent hospital”substituted by para.14(b) of Sch. 2 to S.I.2011/2581 as from28 .10 .11 .

1Defn. of “income-relatedemployment & supportallowance” inserted byreg. 2(2)(d) of S.I. 2008/1554 as from 27.10.08.2Defn. of “immigrationauthorities” omitted byreg. 3(2) of S.I. 2000/636 as from 3.4.00.



3Defn. of “mobilityallowance” omitted &words in defn. of“mobility supplement”substituted by reg.2(2)(b) & (c) of S.I.2008/3157 as from5.1 .09 .

2Defn. of “MFETLimited” inserted byreg. 2(2) of S.I. 2010/641 as from 1.4.10.

�1“member of the support group” means a claimant who has or is treated as havinglimited capability for work-related activity under either–

(a) Part 6 of the Employment and Support Allowance Regulations 2008; or(b) Part 5 of the Employment and Support Allowance Regulations 2013;

“member of the work-related activity group” means a claimant who has or istreated as having limited capability for work under either–

(a) Part 5 of the Employment and Support Allowance Regulations 2008 otherthan by virtue of regulation 30 of those Regulations; or

(b) Part 4 of the Employment and Support Allowance Regulations 2013 otherthan by virtue of regulation 26 of those Regulations;�

�2“MFET Limited” means the company limited by guarantee (number 7121661)of that name, established for the purpose in particular of making payments inaccordance with arrangements made with the Secretary of State to persons whohave acquired HIV as a result of treatment by the NHS with blood or bloodproducts;��3�“mobility supplement” means any supplement under article �3article 20 of theNaval, Military and Air Forces etc (Disablement and Death) Service PensionsOrder 2006(a)� including such a supplement by virtue of any other scheme ororder or under Article 25A of the Personal Injuries (Civilians) Scheme 1983(b);“net earnings” means such earnings as are calculated in accordance withregulation 36;“net-profit” means such profit as is calculated in accordance with regulation 38;�4“the New Deal options” means the employment programmes specified inregulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996(c) and thetraining scheme specified in regulation 75(1)(b)(ii) of those Regulations;�“non-dependant” has the meaning prescribed in regulation 3;“non-dependant deduction” means a deduction that is to be made underregulation 17(e) and paragraph �518� of Schedule 3;�6�“occupational pension” means any pension or other periodical paymentunder an occupational pension scheme but does not include any discretionarypayment out of a fund established for relieving hardship in particular cases;“partner” means where a claimant–

(a) is a member of �7a couple�, the other member of that couple;(b) is married polygamously to two or more members of his household,

any such member;�8“paternity leave” means a period of absence from work on �9� paternity leaveby virtue of section 80A or 80B of the Employment Rights Act 1996(d) �9�;�“payment” includes a part of a payment;�10“pay period” means the period in respect of which a claimant is, or expects tobe normally paid by his employer, being a week, a fortnight, four weeks, a monthor other shorter or longer period as the case may be;��11“pension fund holder” means with respect to a personal pension scheme or�12an occupational pension scheme�, the trustees, managers or schemeadministrators, as the case may be, of the scheme �12� concerned;��13“period of study” means the period beginning with the date on which a personstarts attending or undertaking a course of study and ending with the last day ofthe course or such earlier date (if any) as he finally abandons it or is dismissedfrom it;�

(a ) S.I. 2006/606.(b) S.I. 1983/686, amended by S.I. 1983/1164, 1540 and 1986/628.(c) S.I. 1996/207; the relevant amending instruments are S.I. 1997/2863 and 1998/1174 & 1274.(d) Sections 80A and 80B are inserted by section 1 of the Employment Act 2002 (c. 22).

4Defn. of “the New Dealoptions” inserted byreg. 2 of S.I. 2001/488as from 9.4.01.

6Defn. of “nursing home”omitted by para. 1(a)(i)of Sch. 1 to S.I. 2005/2687 as from 24.10.05.

8Defn. of “paternityleave” substituted byreg. 3(2) of S.I. 2012/757 as from 1.4.12.

7Words substituted inpara. (a) of defn. of“partner” by para. 13(2)(c) of Sch. 3 to S.I.2005/2877 as from5.12 .05 .

10Defn. of “pay period”inserted by reg. 22(a) ofS.I. 1994/2139 as from3.10 .94 .11Defn. of “pension fundholder” inserted by reg.6(2)(a) of S.I. 1995/2303 as from 2.10.95.12Words substituted andomitted in defn. of“pension fund holder”by reg. 2(2)(a) of S.I.2007/1749 as from16.7 .07 .

5Words substituted indefn. of “non-dependentdeduction” by reg.2(2)(c) of S.I. 2008/2767 as from 17.11.08.

Supplement No. 118 [March 2017] 6.2511

Reg. 2

13Defn. “period of study”substituted by reg.5(2)(d) of S.I . 2000/1981as from 31.7.00.

9Words omitted in defn.of “paternity leave” byart. 5(2)(a) of S.I. 2014/3255 as from 5.4.15.

1Defns. of “member ofthe support group” andmember of the work-related activity group”inserted by Sch. 1, para.1(2) of S.I. 2017/204 asfrom 3.4.17.



Supplement No. 118 [March 2017]6.2512 (–6.2524)

1Defn. of “personalindependence payment”inserted by para. 11(a)of Sch. to S.I. 2013/388as from 8.4.13.

�1“personal independence payment” means personal independence payment underPart 4 of the 2012 Act;�

Reg. 2



Reg. 2


�1“personal pension scheme” means–(a) a personal pension scheme as defined by section 1 of the Pension Schemes

Act 1993(a);(b) an annuity contract or trust scheme approved under section 620 or 621 of the

Income and Corporation Taxes Act 1988(b) under Chapter 4 of Part 14 of theIncome and Corporation Taxes Act 1988 which is treated as having becomea registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 tothe Finance Act 2004;�

“policy of life insurance” means any instrument by which the payment ofmoney is assured on death (except death by accident only) or the happeningof any contingency dependent on human life, or any instrument evidencinga contract which is subject to payment of premiums for a term dependent onhuman life;�2“polygamous marriage” means any marriage during the subsistence ofwhich a party to it is married to more that one person and the ceremony ofmarriage took place under the law of a country which permits polygamy;��3��4“public authority” includes any person certain of whose functions are functionsof a public nature;��5“qualifying person” means a person in respect of whom payment has beenmade from the Fund�6, the Eileen Trust��7, MFET Limited��8, the SkiptonFund�9, the Caxton Foundation��10, the Scottish Infected Blood SupportScheme�11, an approved blood scheme��12, the London Emergencies Trust, theWe Love Manchester Emergency Fund� or the London Bombings ReliefCharitable Fund�;��13�“relative” means close relative, grand-parent, grand-child, uncle, aunt, nephew orniece;“relevant enactment” has the meaning prescribed in regulation 16(8)(a);“remunerative work” has the meaning prescribed in regulation 5;�14“Scottish basic rate” means the rate of income tax of that name calculated inaccordance with section 6A of the Income Tax Act 2007(c).��15“Scottish Infected Blood Support Scheme” means the scheme of that nameadministered by the Common Services Agency (constituted by section 190 of theNational Health Service (Scotland) Act 1978);��14“Scottish taxpayer” has the same meaning as in Chapter 2 of Part 4A of theScotland Act 1998(d);�

2Defn. “polygamousmarriage” substituted byreg. 2(b) of S.I. 1988/2022 as from 12.12.99.3Defn. of “preserved right”omitted by reg. 1(a)(iii) ofSch. to S.I. 2001/3767 asfrom 8.4.02.

5Defn. of “qualifyingperson” inserted by reg.6(2)(a) of S.I. 1992/1101 as from 7.5.92.

13Defn. of “registeredperson” deleted by reg.2(b) of S.I. 1996/206 asfrom 7.10.96.

6Words substituted in thedefn. of “qualifyingperson” by reg. 2(a) ofS.I. 2004/1141 as from12.5 .04 .

8Words substituted inthe defn. of “qualifyingperson” by reg. 2(1)(b)of S.I. 2005/3391 asfrom 12.12.05.

4Defns. of “publicauthority” inserted by reg.2(2) of S.I. 2009/2655 onor after 26.10.09, subjectto reg. 1 ibid.

(a ) 1993 c. 48.(b) 1988 c. 1. Sections 620 to 622 were repealed by the Finance Act 2004 (c. 12).(c) 2007 c. 3. Section 6A was inserted by paragraph 3 of Schedule 38 to the Finance Act 2014

(c. 26).(d) 1998 c. 46 Part 4A, sections 80A and 80B were inserted by section 23(2) of the Scotland Act

2012 (c. 11) and sections 80C to 80H were inserted by section 25(3) of that Act.

7Words inserted in thedefn. of “qualifyingperson” by reg. 2(3)(a)of S.I. 2010/641 as from1.4 .10 .

1Defn. of “personalpension scheme”substituted by reg.2(2)(b) of S.I. 2007/1749 as from 16.7.07.

9Words inserted in defn. of“qualifying person” by reg.7(2)(a) of S.I . 2011/2425as from 31.10.11.

14Defns. of “Scottish basicrate” & Scottish taxpayer”inserted by reg. 2(2) of S.I.2016/233 as from 6.4.16.

10Words in defn. of“qualifying person”inserted by reg. 3(2)(a)of S.I. 2017/329 as from3.4 .17 .

15Defns. of “ScottishInfected Blood SupportScheme” inserted by reg.3(2)(b) of S.I . 2017/329as from 3.4.17.

12Words in defn. of“qualifying person”inserted by reg. 2(2)(b)of S.I. 2017/689 asfrom 19.6.17.

11Words in defn. of“qualifying person”inserted by reg. 2(2)(b)of S.I. 2017/870 as from23 .10 .17 .


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Reg. 2

6.2526 Supplement No. 121 [Dec 2017]

�1��2��1��3�“self-employed earner” shall be construed in accordance with section 2(1)(b)of the Social Security Act;�4“self-employment route” means assistance in pursuing self-employed earner’semployment whilst participating in–

(a) an employment zone programme; or(b) a programme provided or other arrangements made pursuant to section 2

of the Employment and Training Act 1973(a) (functions of the Secretaryof State) or section 2 of the Enterprise and New Towns (Scotland) Act1990(b) (functions in relation to training for employment etc.);�

�5�

“single claimant” means a claimant who neither has a partner nor is a lone parent;�6“shared parental leave” means leave under section 75E or 75G of theEmployment Rights Act 1996;�“Social Security Act” means the Social Security Act 1975(c);�7“sports award” means an award made by one of the Sports Councils named insection 23(2) of the National Lottery etc. Act 1993(d) out of sums allocated to itfor distribution under that section;��8�

�9�

�10“subsistence allowance” means an allowance which an employment zonecontractor has agreed to pay to a person who is participating in an employmentzone programme;�“supplementary benefit” means a supplementary pension or allowance undersection 1 or 4 of the Supplementary Benefits Act 1976(e);“terminal date” in respect of a claimant means the terminal date in his case for thepurposes of regulation 7 of the Child Benefit (General) Regulations 1976(f);

*The said Regulation 7 is reproduced at Annex 1 to this S.I.

�11“the Caxton Foundation” means the charitable trust of that name establishedon 28th March 2011 out of funds provided by the Secretary of State for the benefitof certain persons suffering from hepatitis C and other persons eligible for paymentin accordance with its provisions;��

�12“the Eileen Trust” means the charitable trust of that name established on 29thMarch 1993 out of funds provided by the Secretary of State for the benefit ofpersons eligible for payment in accordance with its provisions;�

(a ) 1973 c. 50 section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 9). Itwas amended by section 29(4) of, and Schedule 7 to, the Employment Act 1989 (c. 38) and,in relation to Scotland only, by section 47(1) of the Trade Union Reform and EmploymentRights Act 1993 (c. 19).

(b) 1990 c. 35 section 2 applies to Scotland only. It was amended by sections 47(2) and (4) and51 of, and Schedule 10 to, the Trade Union Reform and Employment Rights Act 1993 (c.19) and by S.I. 1999/1820.

(c) 1975 c. 14.(d) 1993 c. 39.(e) 1976 c. 71, as amended by section 6(1) of, and Part I of Schedule 2, to the Social Security

Act 1980 (c. 30).( f ) S.I. 1976/965; the relevant amending instruments are S.I. 1980/1054, 1982/470 and

1987/357.

12Defn. of “the EileenTrust” inserted by reg.4(2)(b) of S.I. 1993/1249 as from 14.5.93.

7Defn. of “sports award”inserted by reg. 2(2)(e)of S.I. 1999/2165 asfrom 23.8.99.

10Defn. of “subsistenceallowance” inserted byreg. 2 of S.I. 2000/724as from 3.4.00.

9Defn. of “student”omitted by reg. 5(2)(e)of S.I. 2000/1981 asfrom 31.7.00.

8Defn. of “starting rate”omitted by reg. 2(2)(b)of S.I. 2009/583 asfrom 6.4.09.

11Defn. of “the CaxtonFoundation” inserted byreg. 7(2)(b) of S.I.2011/2425 as from31 .10 .11 .

6Defn. of “sharedparental leave” insertedby art. 5(3) of S.I.2014/3255 as from31 .12 .14 .

5Defn. of “service usergroup” omitted by reg.2(2)(a) of S.I. 2014/591as from 28.4.14.

4Defn. of “self-employ-ment route” substitutedby reg. 2 of S.I. 2004/963 as from 4.5.04.

3Defn. of “retirementannuity contract” omittedby reg. 2(2) of S.I. 2007/1749 as from 16.7.07.

1Defn. of “residentialallowance” omitted bypara. 1 to Sch. 1 of S.I.2003/1121 as from6.10 .03 .2Defns. of “residentialaccommodation” &“residential care home”omitted by para. 1(a)(i)of Sch. 1 to S.I. 2005/2687 as from 24.10.05.


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Reg. 2

6.2527Supplement No. 120 [Sept 2017]

�1“the Fund” means moneys made available from time to time by the Secretary ofState for the benefit of persons eligible for payment in accordance with theprovisions of a scheme established by him on 24th April 1992 or, in Scotland, on10th April 1992;��2�

�2�

�3“the Independent Living Fund (2006)” means the Trust of that name establishedby a deed dated 10th April 2006 and made between the Secretary of State for Workand Pensions of the one part and Margaret Rosemary Cooper, Michael BeresfordBoyall and Marie Theresa Martin of the other part;��4�

�4�

�5“the London Bombings Relief Charitable Fund” means the company limited byguarantee (number 5505072) and registered charity of that name established on11th July 2005 for the purpose of (amongst other things) relieving sickness,disability or financial need of victims (including families or dependants of victims)of the terrorist attacks carried out in London on 7th July 2005;��6“the London Emergencies Trust” means the company of that name (number09928465) incorporated on 23rd December 2015 and the registered charity ofthat name (number 1172307) established on 28th March 2016;�

�7“the Macfarlane (Special Payments) Trust” means the trust of that name,established on 29th January 1990 partly out of funds provided by the Secretary ofState, for the benefit of certain persons suffering from haemophilia;��8“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name,established on 3rd May 1991 partly out of funds provided by the Secretary ofState, for the benefit of certain persons suffering from haemophilia and otherbeneficiaries;�

�9“the Macfarlane Trust” means the charitable trust, established partly out offunds provided by the Secretary of State to the Haemophilia Society, for therelief of poverty or distress among those suffering from haemophilia;��10“the Skipton Fund” means the ex-gratia payment scheme administered by theSkipton Fund Limited, incorporated on 25th March 2004, for the benefit of certainpersons suffering from hepatitis C and other persons eligible for payment inaccordance with the scheme’s provisions;�

3Defn. of “theIndependent LivingFund (2006)” insertedby reg. 2(2)(a) of S.I.2007/2538 as from1.10 .07 .

10Defn. of “the SkiptonFund” inserted by reg.2(b) of S.I. 2004/1141 asfrom 12.5.04.

7Defn. of “the Macfarlane(Special Payments) Trust”inserted by reg. 3(2) ofS.I. 1990/127 as from31.1 .90 .8Defn. of “the Macfarlane(Special Payments) (No.2) Trust” inserted by reg.5(2) of S.I. 1991/1175 asfrom 11.5.91.9Defn. of “the MacfarlaneTrust” inserted by reg. 2of S.I. 1988/663 as from11.4 .88 .

5Defn. of “the LondonBombing ReliefCharitable Fund”inserted by reg. 2(1)(a)of S.I. 2005/3391 asfrom 12.12.05.

4Defns. “TheIndependent Living(1993) Fund” & “theIndependent LivingFunds” omitted by reg.2(2)(a)(iv)-(v) of S.I.2008/2767 as from17 .11 .08 .

1Defn. of “the Fund”inserted by reg. 6(2)(b)of S.I. 1992/1101 asfrom 7.5.92.

2Defns. “the IndependentLiving (ex) Fund” “theIndependent LivingFund” omitted by reg.2(2)(a)(ii)-(iii) of S.I.2008/2767 as from17 .11 .08 .

6Defn. of “the LondonEmergencies Trust”inserted by reg. 2(2)(a)of S.I. 2017/689 asfrom 19.6.17.



6.2528 Supplement No. 120 [Sept 2017]

4Words inserted in defn.of “training allowance”by reg. 2(6) of S.I.2001/652 as from26.3 .01 .

2Words inserted in defn.of “training allowance”by art. 9(a) of S.I.1991/387 as from1.4 .91 .

1Words in defn. of“training allowance”substituted by reg. 2 ofS.I. 1991/236 as from8.4 .91 .

3Words inserted in defn.of “training allowance”by reg. 2(3)(a) of S.I.2009/583 as from 6.4.09.

5Words substituted indefn. of “trainingallowance” by reg. 3(2)of S.I. 2010/1941 asfrom 1.9.10.

7Words substituted indefn. of “trainingallowance” by reg.2(2)(d) of S.I. 2008/3157 as from 5.1.09.

“training allowance” means an allowance (whether by way of periodicalgrants or otherwise) payable–

(a) out of public funds by a Government department or by or on behalfof the �1Secretary of State for Employment� �2, �3Skills DevelopmentScotland,� Scottish Enterprise or Highlands and Islands Enterprise� �4,�5�6� the Chief Executive of Skills Funding.� or the �7WelshMinisters�;�

(b) to a person for his maintenance or in respect of a member of hisfamily; and

(c) for the period, or part of the period, during which he is following acourse of training or instruction provided by, or in pursuance ofarrangements made with, that department or approved by thatdepartment in relation to him or so provided or approved by or onbehalf of the �8Secretary of State for �9Education and� Employment��10, �11Skills Development Scotland,� Scottish Enterprise of Highlandsand Islands Enterprise� �12or the �13Welsh Ministers��.

6Words omitted in defn.of “training allowance”by reg. 3(2) of S.I.2012/956 as from1.5 .12 .

Reg. 2

13Words substituted inreg. 2(1)(c) by reg.2(2)(d) of S.I. 2008/3157 as from 5.1.09.

12Words inserted in defn.of “training allowance”by reg. 2(6) of S.I.2001/652 as from26.3 .01 .

9Words added to defn.of “training allowance”by reg. 2 of S.I. 1989/1323 as from 21.8.89.

8Words inserted in defn.of “training allowance”by virtue of art. 6(5) ofS.I. 1995/2986 as from1.1 .96 .

10Words inserted in defn.of “training allowance”by art. 9(a) of S.I.1991/387 as from1.4 .91 .11Words inserted in defn.of “training allowance”para. (c) by reg. 2(3)(a)of S.I. 2009/583 asfrom 6.4.09.




Reg. 2but it does not include an allowance paid by any Government department toor in respect of a person by reason of the fact that he is following a course offull-time education�1, other than under arrangements made under section 2of the Employment and Training Act 1973(a),� or is training as a teacher;�2“universal credit” means universal credit under Part 1 of the 2012 Act;��3“voluntary organisation” means a body, other than a public or local authority,the activities of which are carried on otherwise than for profit;�

�4�

�4“war disablement pension” means any retired pay or pension or allowancepayable in respect of disablement under an instrument specified in section 639(2)of the Income Tax (Earnings and Pensions) Act 2003(b);“war pension” means a war disablement pension, a war widow’s pension or a warwidower’s pension;“war widow’s pension” means any pension or allowance payable to a woman as awidow under an instrument specified in section 639(2) of the Income Tax (Earningsand Pensions) Act 2003 in respect of the death or disablement of any person;“war widower’s pension” means any pension or allowance payable to a man as awidower or to a surviving civil partner under an instrument specified in section639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the deathor disablement of any person;��5“water charges” means–

(a) as respects England and Wales, any water and sewerage chargesunder Chapter I of Part V of the Water Industry Act 1991(c);

(b) as respects Scotland, any water and sewerage charges underSchedule 11 to the Local Government Finance Act 1992(d);

in so far as such charges are in respect of the dwelling which a personoccupies as his home;��6”the We Love Manchester Emergency Fund” means the registered clarity of thatname (number 1173260) established on 30th May 2017;�

�7“the Welfare Reform Act” means the Welfare Reform Act 2007;��8“welfare to work beneficiary” means a person–

(a) to whom regulation 13A(1) of the Social Security (Incapacity for Work)(General) Regulations 1995 applies; and

(b) who again becomes incapable of work for the purposes of Part XIIA of theContributions and Benefits Act 1992(e);�

�9“working tax credit” means a working tax credit under section 10 of The TaxCredits Act 2002;��9�

�10“year of assessment” has the meaning prescribed in section 832(1) of the Incomeand Corporation Taxes Act 1988(f);�“young person” has the meaning prescribed in regulation 14.�11“�12�� 13youth training�” means–

(a) arrangements made under section 2 of the Employment and Training Act1973(g) (functions of the Secretary of State); or

(b) arrangements made by the Secretary of State for persons enlisted in HerMajesty’s forces for any special term of service specified in regulationsmade under section 2 of the Armed Forces Act 1966(h) (power of DefenceCouncil to make regulations as to engagement of persons in regular forces),

(a ) 1973 c. 50.(b) 2003 c. 1. Subsection (2) was inserted into section 639 by section 19(4) of the Finance Act

2005 (c. 7).(c) 1991 c. 56.(d) 1992 c. 14.(e) Part XIIA was inserted by sections 5 and 6 of the Social Security (Incapacity for Work) Act

1994 (c. 18).( f ) 1988 c. 1.(g ) 1973 c. 50; section 2 is substituted by the Employment Act 1988 (c. 19), section 25(1).(h) 1966 c. 45.

5Defn. of “watercharges” substituted byreg. 3(c) of S.I. 1993/315 as from 12.4.93.

3Defn. of “voluntaryorganisation” insertedby reg. 17 of S.I. 1995/516 as from 10.4.95.

8Defn. of “welfare towork beneficiary”inserted by reg. 13(2)of S.I. 1998/2231 asfrom 5.10.98.

10Defn. of “year ofassessment” substitutedby reg. 22(b) of S.I.1994/2139 as from3.10 .94 .

9Defn. of “working taxcredit” inserted & defn.of “working families taxcredit” omitted by Sch.1, para. 1 of S.I. 2002/2402 as from 6.4.03.

7Defn. of “the WelfareReform Act” inserted byreg. 2(2)(e) of S.I.2008/1554 as from27 .10 .08 .

4Defn. of “warwidower’s pension”deleted & defns. of “wardisablement pension”,“war pension”, “warwidow’s pension” and“war widower’spension” inserted in reg.2(1) by reg. 2(2)(e) &(f) of S.I. 2008/3157 asfrom 5.1.09.

1Words added to defn.of “training allowance”by reg. 2 of S.I. 1989/1323 as from 21.8.89.2Defn. of “universalcredit” inserted by reg.28(2)(c) of S.I. 2013/630 as from 29.4.13.

11Defn. inserted in reg.2(1) by reg. 2(b) of S.I.1988/1228 as from12.9 .88 .

13Words inserted by reg.2(4) of S.I. 1991/236 asfrom 8.4.91.

12Words in title to defn.of “youth trainingscheme or youthtraining” omitted byreg. 2(2)(d) of S.I.2008/2767 as from17 .11 .08 .

6Defn. of “the We LoveManchester EmergencyFund” inserted by reg.2(2)(c) of S.I. 2017/689as from 19.6.17.


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Regs. 2-2A

Supplement No. 120 [Sept 2017]

for purposes which include the training of persons who, at the beginning of theirtraining, are under the age of 18.�

�1(1A) For the purposes of these Regulations, where a person’s principal place ofresidence is a �2care home, an Abbeyfield Home or an independent hospital and he istemporarily absent from that home or hospital, he shall be regarded as continuing toreside in that home or hospital�–

(a) where he is absent because he is a patient, for the first �352� weeks of anysuch period of absence and for this purpose–

(i) “patient” has the meaning it has in Schedule 7 by virtue of regulation21(3); and

(ii) periods of absence separated by not more than 28 days shall be treated asa single period of absence equal in duration to all those periods; and

(b) for the first three weeks of any other period of absence.�

�4(1B) References in these Regulations to a claimant participating as a serviceuser are to–

(a) a person who is being consulted by or on behalf of–

(i) a body which has a statutory duty to provide services in the field ofhealth, social care or social housing; or

(ii) a body which conducts research or undertakes monitoring for the purposeof planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwiseaffected by the provision of those services; or

(b) the carer of a person consulted under sub-paragraph (a).�

(2) In these Regulations, unless the context otherwise requires, a reference–(a) to a numbered Part is to the Part of these Regulations bearing that number;(b) to a numbered regulation or Schedule is to the regulation in or Schedule to

these Regulations bearing that number;(c) in a regulation or Schedule to a numbered paragraph is to the paragraph in

that regulation or Schedule bearing that number;(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph

in that paragraph bearing that letter or number.

(3) Unless the context requires otherwise, any reference to the claimant’s family or,as the case may be, to a member of his family, shall be construed for the purposes ofthese Regulations as if it included in relation to a polygamous marriage a reference toany partner and to any child or young person who is treated as the responsibility of theclaimant or his partner, where that child or young person is a member of the claimant’shousehold.

(4) �5�

�6Disapplication of section 1(1A) of the Administration Act

2A. Section 1(1A) of the Administration Act (requirement to state national insurancenumber) shall not apply–

(a) �7�

This regulation continues to be reproduced as it remains in force incertain cases. See reg. 1 of S.I. 2003/455 at page 6.7203 for details ofwhen to apply this version.

(a) to a child or young person in respect of whom incomesupport is claimed;

(b) to a partner in respect of whom a claim for income support is made or treatedas made before �85th October 1998��

�9(c) to a person who–

(i) is a person in respect of whom a claim for income support is made;(ii) is subject to immigration control within the meaning of section 115(9)(a)

of the Immigration and Asylum Act;

1Reg. 2(1A) inserted byreg. 2(1) of, and para.1(b) of the Sch. to, S.I.2001/3767 as from8.4 .02 .

352 substituted for six inreg. 2(1A)(a) by reg.3(2) of S.I . 2003/1195as from 15.5.03 or latersubject to reg. 1(c) ibid.

2Words in reg. 2(1A)substituted by para.1(b) of Sch. 1 to S.I.2005/2687 as from24 .10 .05 .

5Reg. 2(4) omitted byreg. 3(2)(b) of S.I.2005/574 as from4.4 .05 .6Reg. 2A inserted byreg. 10 of S.I. 1997/2676 as from 1.12.97.7Reg. 2A(a) omitted bypara. 1 of Sch. 1 to S.I.2003/455 as from6.4 .04

8Date in reg. 2A(b)amended by reg. 2 ofS.I. 1997/2814 as from1.12 .97 .

6.2530 (–6.2548)

9Reg. 2A(c) inserted byreg. 5 of S.I. 2009/471as from 6.4.09.

4Reg. 2(1B) inserted byreg. 2(2)(b) of S.I.2014/591 as from28.4 .14 .



Regs. 2A-3

6.2549

(a ) 1992 c. 4. Relevant amendments were made by paragraph 30 of Schedule 2 and Schedule 3to the Jobseeker’s Act 1995 (c. 18), paragraph 28 of Schedule 8 to the Welfare Reform andPensions Act 1999 (c. 30), paragraph 2 of Schedule 2 to the State Pension Credit Act 2002(c. 16) and paragraph 9(9) and (10) of Schedule 3 and Schedule 8 to the Welfare Reform Act2007 (c. 5).

1Words substituted inreg. 3(1) by reg. 2(a) ofS.I. 1991/2334 as from11 .11 .91 .

4Words substituted inreg. 3(2)(c) by reg. 18of S.I. 1995/516 asfrom 10.4.95.

2Words added to reg.3(1) by reg. 2(2) of S.I.1994/3061 as from1.12 .94 .3Paras. (2) to (2C) ofreg. 3 substituted forpara. (2) by reg. 2(b) ofS.I. 1991/2334 as from11 .11 .91 .

Supplement No. 87 [June 2009]

(iii) is not entitled to any income support for the purposes of section 124 ofthe Contributions and Benefits Act(a); and

(iv) has not previously been allocated a national insurance number.�

Definition of non-dependant

3.—(1) In these Regulations, “non-dependant” means any person, except someone�1to whom paragraph (2), (2A) or (2B) applies�, who normally resides with a claimant�2or with whom a claimant normally resides.�

�3(2) This paragraph applies to–(a) any member of the claimant’s family;(b) a child or young person who is living with the claimant but who is not a

member of his household by virtue of regulation 16 (circumstances in whicha person is to be treated as being or not being a member of the household);

(c) a person who lives with the claimant in order to care for him or for theclaimant’s partner and who is engaged for that purpose by a charitableor �4voluntary organisation� which makes a charge to the claimant orthe claimant’s partner for the care provided by that person;

(d) the partner of a person to whom sub-paragraph (c) applies.

(2A) This paragraph applies to a person, other than a close relative of theclaimant or the claimant’s partner,–

(a) who is liable to make payments on a commercial basis to the claimant or theclaimant’s partner in respect of his occupation of the claimant’s dwelling;

(b) to whom the claimant or the claimant’s partner is liable to make payments ona commercial basis in respect of his occupation of that person’s dwelling;

(c) who is a member of the household of a person to whom sub-paragraph(a) or (b) applies.

(2B) Subject to paragraph (2C), this paragraph applies to–(a) a person who jointly occupies the claimant’s dwelling and who is either–

(i) a co-owner of that dwelling with the claimant or the claimant’spartner (whether or not there are other co-owners); or

(ii) jointly liable with the claimant or the claimant’s partner to makepayments to a landlord in respect of his occupation of that dwelling;

(b) a partner or a person to whom sub-paragraph (a) applies.

(2C) Where a person is a close relative of the claimant or the claimant’s partner,paragraph (2B) shall apply to him only if the claimant’s, or the claimant’s partner’s co-ownership, or joint liability to make payments to a landlord in respect of his occupationof the dwelling arose either before 11th April 1988, or, if later, on or before the dateupon which the claimant or the claimant’s partner first occupied the dwelling inquestion.�

Reg. 3(1) and (2), as it stands without amendment by reg. 2 of S.I.1991/2334, is reproduced below for use where the saving provisions inregs. 4–6 ibid. apply:–

3.—(1) In these Regulation, “non-dependant” means any per-son, except someone to whom paragraph (2) applies, who normallyresides with a claimant �5or with whom a claimant normallyresides.�

(2) This paragraph applies to–

(a) any member of the claimant’s family;

(b) a child or young person who is living with the claimantbut who is not a member of his household by virtue ofregulation 16 (membership of the same household);

5Words added to reg. 3(1)by reg. 2(2) of S.I.1994/3061 as from2.12.94.


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987S


(c) a person who jointly occupies the claimant’s dwelling�1and either is a co-owner of that dwelling with theclaimant or his partner (whether or not there are otherco-owners) or is liable with the claimant or his partner tomake payments in respect of his occupation of thedwelling�;

�2(d) any person who is liable to make payments on acommercial basis to the claimant or the claimant’s partnerin respect of the occupation of the dwelling;

(da) any person to whom or to whose partner the claimant orthe claimant’s partner is liable to make payments on acommercial basis in respect of the occupation of thedwelling;

(db) any other member of the household of the person towhom or to whose partner the claimant or the claimant’spartner is liable to make payments on a commercial basisin respect of the occupation of the dwelling;�

(e) a person who lives with the claimant in order to care forhim or a partner of his and who is engaged by a charitableor voluntary body (other than a public or local authority)which makes a charge to the claimant or his partner forthe services provided by that person.

(3) �3�

(4) For the purposes of this regulation a person resides with another only ifthey share any accommodation except a bathroom, a lavatory or a communalarea �4but not if each person is separately liable to make payments in respect ofhis occupation of the dwelling to the landlord�.

(5) In this regulation “communal area” means any area (other than rooms) ofcommon access (including halls and passageways) and rooms of common use insheltered accommodation.

�5Permitted period

3A.—(1) For the purposes of regulation 17(6), �6� paragraph 7(6) of Schedule3A, paragraph 6(3) of Schedule 3B and paragraphs 4 and 6 of Schedule 8(applicable amounts, mortgage interest, protected sums and earnings to bedisregarded), where a claimant has ceased to be entitled to income support–

(a) because he or his partner becomes engaged in remunerative work thepermitted period, �7� shall be twelve weeks; or

(b) for any other reason, the permitted period shall be eight weeks.

(2) and (3) �7��

For the purpose of applying para. 6 of reg. 87 (transitional supplement to income-based jobseeker’sallowance) of the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), reg 3A above is modifiedby reg. 87(7) ibid. (reproduced in vol. 11).

2Sub-paras. (d), (da) and(db) substituted for sub-para. (d) of reg. 3(2) byreg. 3 of S.I. 1990/1776as from 1.10.90.

3Reg. 3(3) deleted bypara. 2(b) of Sch. 1 toS.I. 1989/534 as from9.10 .89 .4Words added to reg.3(4) by reg. 2(c) of S.I.1989/534 as from10.4 .89 .

5Reg. 3A inserted byreg. 2 of S.I. 1989/1678 as from9.10 .89 .6Words deleted in reg.3A(1) by reg. 4 of S.I.1995/2927 as from12 .12 .95 .7Words deleted in reg.3A(1)(a) and paras. (2)and (3) deleted by reg.3 of S.I. 1996/206 asfrom 7.10.96.

Regs. 3-3A

1Words added to reg.3(2)(c) by reg. 3 of S.I.1989/1678 as from9.10.89.


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Reg. 4ZA


PART IICONDITIONS OF ENTITLEMENT

�1Prescribed categories of person

4ZA.—(1) Subject to the following provisions of this regulation, a person to whomany paragraph of Schedule 1B applies falls within a prescribed category of person forthe purposes of section 124(1)(e) of the Contributions and Benefits Act (entitlementto income support).

(2) Paragraph (1) does not apply to a �2full-time student� during the period ofstudy.

1Reg. 4ZA inserted byreg. 4 of S.I. 1996/206 as from 7.10.96.

2Words substituted byreg. 5(5) of S.I. 2000/1981 as from 31.7.00.


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Regs. 4ZA-4

6.2552 (–6.2562)

9Words in reg. 4(1)substituted by reg.3(a) of S.I. 1990/547as from 9.4.90.

8Sub-para. (4)inserted in reg. 4ZAby reg. 5(2) of S.I.1997/2197 as from6.10 .97 .

(a ) Schedule 1B was inserted by S.I. 1996/206, regulation 22.


2Para. 3(a) omitted byreg. 4(3) of S.I. 2013/2536 as from29 .10 .13 .

7Para. (3A) inserted inreg. 4ZA by Sch. 1,para. (a) of S.I. 2001/3070 as from1.10 .01 .

(3) A �1full-time student� during the period of study falls within a prescribedcategory of person for the purposes of section 124(1)(e) of the Contributions and BenefitsAct only if–

(a) �2�

(b) paragraph 1, 2, �3�, 11, �3�, �415A,� or 18 of Schedule 1B applies to him; or

�5(c) any other paragraph of Schedule 1B applies to him and–(i) in the case of a person with a partner, the partner is also a full-time student

and either he or his partner is treated as responsible for a child or youngperson, or

(ii) in any other case, he is treated as responsible for a child or young person,

but this provision applies only for the period of the summer vacationappropriate to his course; �6��

�7(3A) Paragraph (1) does not apply to a person to whom section 6 of the Children(Leaving Care) Act 2000 (exclusion from benefits) applies.�

�8(4) A person who falls within a prescribed category in Schedule 1B(a) for thepurposes of this regulation for any day in a benefit week, shall fall within that categoryfor the whole of that week.�

Temporary absence from Great Britain

4.—(1) Where a claimant is entit led to income support for a periodimmediately preceding a period of temporary absence from Great Britain, hisentitlement to income support �9shall continue only–

(a) in the circumstances specified in paragraph (2), during the first 4 weeksof that period of temporary absence; and

(b) in the circumstances specified in paragraph (3), during the first 8 weeksof that period.�

(2) The circumstances in which a claimant’s entitlement to income support isto continue during the first four weeks of a temporary absence from GreatBritain are that–

(a) the period of absence is unlikely to exceed 52 weeks; and

(b) while absent from Great Britain, the claimant continues to satisfy theother conditions of entitlement to income support; and

(c) any one of the following conditions applies–

�10(i) the claimant falls within one or more of the prescribed categories of personlisted in Schedule 1B other than paragraphs 7, 15, 20, 21, 24, 25, 26 or 27of that Schedule; or

(ii) the claimant falls within paragraph 7 of Schedule 1B (�3persons treated ascapable of work and persons entitled to statutory sick pay�) and his absencefrom Great Britain is for the sole purpose of receiving treatment from anappropriately qualified person for the incapacity by reason of which hesatisfies the conditions of that paragraph; or�

(iii) he is in Northern Ireland; or(iv) he is a member of a couple and he and his partner are both absent from

Great Britain, and a premium referred to in paragraph 9, �119A� 10,11or 13 of Schedule 2 (applicable amounts) is applicable in

6Reg. 4ZA(3)(d)omitted by reg. 2(3)of S.I. 2009/2655 onor after 26.10.09,subject to reg. 1 ibid.

1Words substituted byreg. 5(5) of S.I. 2000/1981 as from 31.7.00.

10Reg. 4(2)(c)(i) and(ii) substituted byreg. 5(2) of S.I.1996/206 as from7.10 .96 .

11Number inserted inreg. 4(2)(c)(iv) byreg. 6(3) of S.I.1996/1944 as from7.10 .96 .

5Para. (3)(c)substituted by reg. 2of S.I. 2008/1826 asfrom 9.7.08.

4Number inserted inpara. (3)(b) of reg.4ZA by reg. 2(4) ofS.I. 2009/583 as from6.4 .09 .

3Words omitted andsubstituted in regs.4ZA(3)(b) and4(2)(c)(ii) by reg.3(2)(a)-(b) of S.I.2009/3152 as from30 .12 .09 .


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Regs. 4-5

6.2563

(a ) Section 30B is inserted by section 2(1) of the Social Security (Incapacity for Work) Act1994 (c. 18).

3Words substituted inreg. 4(2)(c)(v) by reg.5(3) of S.I. 1996/206 asfrom 7.10.96.

7Paras. (3) and (4)added to reg. 4 by reg.3(b) of S.I. 1990/547 asfrom 9.4.90.

1Word and head (v)added to reg. 4(2)(c) byreg. 3 of S.I. 1988/663as from 11.4.88.2Head (v) of reg.4(2)(c) substituted byreg. 5 of S.I. 1995/482as from 13.4.95.


respect of his partner �1or

�2(v) on the day on which the absence began he had satisfied the provisions of�3paragraph 7 of Schedule 1B� (�4persons treated as capable of workand persons entitled to statutory sick pay�) for a continuous period ofnot less than–

(aa) 196 days in the case of a claimant who is terminally ill within themeaning of section 30B(4) of the Contributions and Benefits Act(a),or who is entitled to the highest rate of the care component ofdisability living allowance�5, armed forces independence payment��6or the enhanced rate of the daily living component of personalindependence payment�; or

(bb) 364 days in any other case,and for this purpose any two or more separate periods separated by abreak of not more than 56 days shall be treated as one continuousperiod.��

�7(3) The circumstances in which a claimant’s entitlement to income support is tocontinue during the first 8 weeks of a temporary absence from Great Britain are that–

(a) the period of absence is unlikely to exceed 52 weeks; and

(b) the claimant continues to satisfy the other conditions of entitlement to incomesupport; and

(c) the claimant is, or the claimant and any other member of his family are,accompanying a member of the claimant’s family who is a child or youngperson solely in connection with arrangements made for the treatment ofthat child or young person for a disease or bodily or mental disablement;and

(d) those arrangements relate to treatment–(i) outside Great Britain;

(ii) during the period whilst the claimant is, or the claimant and any memberof his family are, temporarily absent from Great Britain; and

(iii) by, or under the supervision of, a person appropriately qualified to carryout that treatment.

�8(3A) A claimant’s entitlement to income support shall continue during a periodof temporary absence from Great Britain if–

(a) he satisfied the conditions of entitlement to income support immediatelybefore the beginning of that period of temporary absence; and

�9(b) that period of temporary absence is for the purpose of the claimant receivingtreatment at a hospital or other institution outside Great Britain where thetreatment is being provided–(i) under section 6(2) of the Health Service Act (performance of functions

outside England) or section 6(2) of the Health Service (Wales) Act(performance of functions outside Wales);

(ii) pursuant to arrangements made under section 12(1) of the Health ServiceAct (Secretary of State’s arrangements with other bodies), section 10(1)of the Health Service (Wales) Act (Welsh Minister’s arrangements withother bodies), paragraph 18 of Schedule 4 to the Health Service Act(joint exercise of functions) or paragraph 18 of Schedule 3 to the HealthService (Wales) Act (joint exercise of functions); or

(iii) under any equivalent provision in Scotland or pursuant to arrangementsmade under such provision.��

(4) In paragraphs (2) and (3) “appropriately qualified” means qualified to providemedical treatment, physiotherapy or a form of treatment which is similar to, or relatedto, either of those forms of treatment.�

Persons treated as engaged in remunerative work

5.—(1) Subject to the following provisions of this regulation, for the purposes ofsection 20(3)(c) of the Act (conditions of entitlement to income support), remunerativework is work in which a person is engaged, or, where his hours of work fluctuate, he is

8Para. (3A) added to reg.4(3) by reg. 2(2) of S.I.2004/1869 as from4.10.04.

9Para. (3A)(b)substituted by reg. 2(3)of S.I. 2008/2767 asfrom 17.11.08.

4Words substituted inreg. 4(2)(c)(v) by reg.3(2)(b) of S.I. 2009/3152 as from 30.12.09.

6Words added to reg.4(2)(c)(v)(aa) by para.11(3) of Sch. to S.I.2013/388 as from8.4 .13 .

5Words inserted in reg.4(2)(c)(v)(aa) by para.4(3) of Sch. to S.I.2013/591 as from8.4 .13 .



6.2564

5Reg. 5(3A) inserted byreg. 3(2) of S.I. 1993/2119 as from4.10 .93 .

8Words inserted in reg.5(4) by reg. 4 of S.I.1988/663 as from11.4 .88 .

10Ref. substituted in reg.5(5) by reg. 3 of S.I.1989/1323 as from9.10 .89 .


engaged on average, for �1not less than 16 hours� a week being work for whichpayment is made or which is done in expectation of payment.

�2(1A) In the case of any partner of the claimant paragraph (1) shall have effect asthough for the words “16 hours” there were substituted the words “24 hours”.�

(2) �3Subject to paragraph (3B),� the number of hours for which a person is engagedin work shall be determined–

(a) where no recognisable cycle has been established in respect of a person’swork, by reference to the number of hours or, where those hours are likely tofluctuate, the average of the hours, which he is expected to work in a week;

(b) where the number of hours for which he is engaged fluctuate, by reference tothe average of hours worked over–

(i) if there is a recognisable cycle of work, the period of one complete cycle(including, where the cycle involves periods in which the person doesnot work, those periods but disregarding any other absences).

(ii) in any other case, the period of five weeks immediately before the date ofclaim or the date �4on which a superseding decision is made under section10 (decisions superseding earlier decisions) of the Social Security Act1998�, or such other length of time as may, in the particular case, enablethe person’s average hours of work to be determined more accurately.

(3) A person shall be treated as engaged in remunerative work during any period forwhich he is absent from work referred to in paragraph (1) if the absence is eitherwithout good cause or by reason of a recognised, customary or other holiday.

�5(3A) A person shall not be treated as engaged in remunerative work on any dayon which the person is on maternity leave�6, paternity leave�7, adoption leave orshared parental leave�� or is absent from work because he is ill.�

�3(3B) Where for the purpose of paragraph (2)(b)(i), a person’s recognisable cycleof work at a school, other educational establishment or other place of employment isone year and includes periods of school holidays or similar vacations during which hedoes not work, those periods and any other periods not forming part of such holidaysor vacations during which he is not required to work shall be disregarded in establishingthe average hours for which he is engaged in work.�

(4) A person who makes a claim and to whom or whose partner section 23 of the Act(trade disputes) applies �8or applied� shall, for the period of seven days following thedate on which the stoppage of work due to a trade dispute at his or his partner’s placeof work commenced or, if there is no stoppage, the date on which he or his partner firstwithdrew his labour in furtherance of a trade dispute, be treated as engaged inremunerative work.

(5) �9Subject to paragraph (5A), a person� who was, or was treated as being, engagedin remunerative work and in respect of that work earnings to which �10regulation�1135(1)(b) and (d)�� (earnings of employed earners) applies are �12paid� shall betreated as being engaged in remunerative work for the period for which those earningsare taken into account in accordance with Part V.

�8(5A) Paragraph (5) shall not apply to earnings disregarded under paragraph 1 ofSchedule 8 to these regulations.�

�13(6)For the purposes of this regulation, in determining the number of hours inwhich a person is engaged or treated as engaged in remunerative work, no accountshall be taken of any hours in which the person is engaged in an employment or ascheme to which �14regulation 6(1)� (persons not treated as engaged in remunerativework) applies.�

6Words inserted in reg.5(3A) by reg. 2(3) ofS.I. 2002/2689 as from8.12 .02 .

2Reg. 5(1A) inserted byreg. 6(4) of S.I. 1996/1944 as from 7.10.96.3In reg. 5(2) words inpara. (2) & para. (3B)inserted by reg. 19(a) &(b) of S.I. 1995/516 asfrom 10.4.95.

9Words substituted inreg. 5(5) and para. (5A)added by reg. 5(3) ofS.I. 2007/2618 as from1.10 .07 .

14Words in reg. 5(6)substituted by reg. 2(a)of S.I. 2000/681 asfrom 3.4.00.

13Reg. 5(6) added byreg. 3 of S.I. 1988/1445as from 12.9.88.

12Words in reg. 5(5)substituted by reg. 3 ofS.I. 1988/2022 as from12 .12 .88 .

11Words in reg. 5(5)substituted by reg. 2(3)of S.I. 2008/698 asfrom 14.4.08.

1Words substituted inreg. 5(1) by reg. 3 ofS.I. 1991/1559 as from7.4.92, subject to savingin regs. 22–24 ibid. andin reg. 10 of S.I. 1992/4 6 8 .

4Words substituted inreg. 5(2)(b)(ii) by art.3(3) & Sch. 5, para. 1to S.I. 1999/3178 from29.11 .99 .

7Words substituted inreg. 5(3A) by art. 5(3)of S.I. 2014/3255 asfrom 31.12.14.



6.2565

(a ) Section 171F was inserted by the Social Security (Incapacity for Work) Act 1994 (c. 8),section 6(1).

(b) 1995 c. 36. Section 26A is inserted by section 67(1) of the Children and Young People(Scotland) Act 2014 (asp. 8).

6Words in reg. 6(c)substituted by reg. 23(a)of S.I. 1994/2139 asfrom 3.10.94.

12Words deleted fromreg. 6(1)(h), substitutedin reg. 6(1)(j) & para.(k) added by reg. 13 ofS.I. 1992/2155 as from5.10 .92 .

11Reg. 6(1)(e) to (g)omitted by reg. 2(b) ofS.I. 2000/681 as from3.4 .00 .

15Sub-para. (m) insertedby reg. 6(2) of S.I. 1999/2165 as from 23.8.99.

13Words inserted andsubstituted in reg. 6(k)by reg. 23(b) of S.I.1994/2139 as from3.10 .94 .


�1(7) For the purposes of paragraphs (1) and (2), in determining the number ofhours for which a person is engaged in work, that number shall include any timeallowed to that person by his employer for a meal or for refreshment, but onlywhere that person is, or expected to be, paid earnings in respect of that time.�

(8)-(10) �2�

Persons not treated as engaged in remunerative work

6.�3—(1) � A person shall not be treated as engaged in �4remunerative work in sofar as–�

(a) �5�

For cases falling within the saving provision in regs. 22–24 of S.I. 1991/1559 reg. 6(a) remains in force as before it was replaced by reg. 4(a) ofand omitted by reg. 2(b) of S.I. 2000/681, as follows:–

(a) he is mentally or physically disabled and his earningcapacity is, by reason of that disability, reduced to 75 percent or less of what he would, but for that disability, bereasonably expected to earn;

(b) he is engaged in child minding in his home;(c) he is engaged by a charity or �6voluntary organisation �7�,� or is a volunteer

where the only payment received by him or due to be paid to him, is a paymentwhich is to be disregarded under regulation 40(2) and paragraph 2 of Schedule9 (sums to be disregarded in the calculation of income other than earnings)�8and in this paragraph “volunteer” means a person who is engaged involuntary work, otherwise than for a relative, where the only paymentreceived, or due to be paid to the person by virtue of being so engaged, is inrespect of any expenses reasonably incurred by the person in connectionwith that work�;

(d) he is engaged on a scheme for which a training allowance is being paid; �9�

�10(dd) he is receiving assistance under the self-employment route;�

(e) to (g) �11�

�9(h) he is engaged in any one of the employments mentioned in heads (a) to (d) ofsub-paragraph (1) of paragraph 7 of Schedule 8 (which relates to personsserving as firemen, in coastal rescue activities etc.); �12�

(j) he is performing his duties as a councillor, and for this purpose “councillor”has the same meaning as in �12section 171F(2) of the Contributions andBenefit Act (a)� �121989; or

(k) he is engaged in caring for a person who is accommodated with him by virtueof arrangements made under any of the provisions referred to in paragraph 26�13or in accordance with paragraph 27� of Schedule 9 (sums to be disregardedin the calculation of income other than earnings) and is in receipt of anypayment specified in �13those paragraphs�.�

�14(ka) he is engaged in caring for a person who is provided with continuing care bya local authority by virtue of arrangements made under section 26A of theChildren (Scotland) Act 1995(b) (duty to provide continuing care) and is inreceipt of a payment made under that section of that Act;�

The text below modifies regulation 6 from 28.11.00 to 27.11.01 unlessrevoked earlier, by adding para. (l). Modified by S.I. 2000/3134 (seevolume 11 page 11.5801).

(l) he is participating in the programme known as the intensiveactivity period of the New Deal pilots for 25 plus as defined forthe purposes of the Social Security (New Deal Pilot) Regulations2000 in regulation 2(1) of those Regulations.

�15(m) he is engaged in an activity in respect of which–(i) a sports award has been made, or is to be made, to him; and

10Reg. 6(1)(dd) insertedby reg. 3 of S.I. 2004/963 as from 4.5.04.

4Words substituted inreg. 6 by reg. 4(a) ofS.I. 1988/1445 as from12.9 .88 .5Reg. 6(1)(a) omitted byreg. 2(b) of S.I. 2000/681 as from 3.4.00.

2Paras. (8) to (10) ofreg. 5 deleted by reg. 3of S.I. 2001/488 asfrom 9.4.01.

3Reg. 6 renumbered6(1) by reg. 2(3) of S.I.1999/2556 as from4.10 .99 .

9Word deleted from reg.6(1)(d) and paras. (h)and (j) added by reg. 2of S.I. 1992/468 asfrom 6.4.92.

7Words deleted in reg.6(c) by reg. 20 of S.I.1995/516 as from10.4 .95 .

1Para. (7) added to reg.5 by reg. 4 of S.I. 1990/547 as from 9.4.90.

8Words inserted in reg.6(1)(c) by reg. 2(4) ofS.I. 2010/641 as from1.4 .10 .

14Sub-para. (ka) insertedby reg. 10(2) of S.I.2017/995 as from7.11 .17 .



Reg. 6

6.2566 (–6.2584) Supplement No. 121 [Dec 2017]

4Paras. (5) to (8)inserted in reg. 6 byreg. 4 of S.I. 2001/488as from 9.4.01.

(ii) no other payment is made or is expected to be made to him.�

(2) - (3) �1�

�2(4) The following persons shall not be treated as engaged in remunerative work–

Reg. 6(4)(a) is revoked, by reg. 4(1)(a)(i) of S.I. 2009/3228, however itremains in force for certain circumstances. See S.I. 2009/3228 reg. 4(3)to (7) for details.

(a) a person who is mentally or physically disabled and byreason of that disability–

(i) his earnings are reduced to 75 per cent. or less ofwhat a person without that disability and workingthe same number of hours would reasonably beexpected to earn in that employment or in comparableemployment in the area; or

(ii) his number of hours of work are 75 per cent. or lessof what a person without that disability wouldreasonably be expected to undertake in thatemployment or in comparable employment in thearea;

(b) subject to regulation 5(4) and (5) (persons treated as engaged in remunerativework), a person to whom section 126 of the Contributions and Benefits Act(trade disputes) applies or in respect of whom section 124(1) of that Act(conditions of entitlement to income support) has effect as modified bysection 127(b) of that Act (effect of return to work);

(c) a person to whom paragraph 4 of Schedule 1B applies;

Reg. 6(4)(d) is revoked by reg. 4(1)(a)(i) of S.I. 2009/3228, however itremains in force for certain circumstances. See S.I. 2009/3228, reg. 4(3)to (7) for details.

�3(d) a person who–

(i) is in employment;

(ii) lives in, or is temporarily absent from, a care home,an Abbeyfield Home or an independent hospital; and

(iii) requires personal care by reason of old age,disablement, past or present dependence on alcoholor drugs, past or present mental disorder or a terminalillness.��

�4(5) A person shall not be treated as engaged in remunerative work for the periodspecified in paragraph (6) in so far as–

(a) he or his partner is engaged in work which–

(i) is remunerative work; and(ii) he, or his partner, is expected to be engaged in for a period of no less than

five weeks;

(b) he or his partner had, for a continuous period of 26 weeks ending on the daybefore the day on which he commenced the work referred to in sub-paragraph(a), been entitled to and in receipt of income support �5, an income-basedjobseeker’s allowance or an income-related employment and supportallowance�

(c) he or his partner had, as at the day before the day on which he commencedthe work referred to in sub-paragraph (a), an applicable amount whichincluded–

(i) an amount determined in accordance with Schedule 3 (housing costs) asapplicable to him in respect of �6housing costs which qualify underparagraphs 15 to 17� of that Schedule; �5�

(ii) an amount determined in accordance with Schedule 2 to the Jobseeker’sAllowance Regulations 1996 (housing costs) as applicable to him inrespect of �6housing costs which qualify under paragraphs 14 to 16� ofthat Schedule; �4or

(iii) an amount determined in accordance with Schedule 6 to the Employmentand Support Allowance Regulations (housing costs) as applicable to him

6Words in reg.6(5)(c)(i), (ii) & (d)substituted by reg.3(2)(a)-(c) of S.I. 2007/3183 as from 17.12.07.

5Words in reg. 6(5)(b)substituted in sub-para.(c)(i) omitted andinserted in sub-para.(c)(ii) by reg. 2(3)(a) &(b) of S.I. 2008/1554 asfrom 27.10.08.

3Reg. 6(4)(d) substitutedby para. 2 of Sch. 1 to S.I.2005/2687 as from24.10.05.

1Paras. (2) and (3) ofreg. 6 omitted by reg.2(a)(i) of S.I. 2003/1589 as from 25.10.04.2Para. (4) added to reg.6 by reg. 2(b)(iii) ofS.I. 2000/681 as from3.4 .00 .



Regs. 6-13

6.2585

4Reg. 12 & words in13(2) substituted byreg. 2(2) & (3)(a) & (b)of S.I. 2006/718 asfrom 10.4.06.


(a ) Section 142 was substituted by the Child Benefit Act 2005 (c. 6).


in respect of housing costs which qualify under paragraphs 16 and 18 ofthat Schedule; and�

(d) he or his partner remain liable to make payments �1in respect of such housingcosts�.

(6) A person referred to in paragraph (5) shall not be treated as engaged inremunerative work for–

(a) the period of four weeks commencing with the day on which he was firstengaged in the work referred to in sub-paragraph (a) of that paragraph; �2�

(b) �2�

(7) In calculating the period of benefit entitlement referred to in paragraph �2�(5)(b), no account shall be taken of entitlement arising by virtue of paragraph �2� (6).

(8) In paragraph (5), a reference to the claimant or his partner being entitled to andin receipt of an income-based jobseeker’s allowance or to an amount being applicableto either of them under the Jobseeker’s Allowance Regulations 1996 shall include areference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple underthose Regulations.�

7.-11. �3�

�4Relevant education

12. For the purposes of these Regulations a person is to be treated as receivingrelevant education if he is a qualifying young person within the meaning of section142 of the Contributions and Benefits Act (child and qualifying young person)(a).�

Circumstances in which persons in relevant education are to be entitled to incomesupport

13.—(1) Notwithstanding that a person is to be treated as receiving relevanteducation under regulation 12 (relevant education) he shall, if paragraph (2) appliesto him and he satisfied the other conditions of entitlement to income support, beentitled to income support.

(2) This paragraph applies to �5a person �4who �6(subject to paragraph (2A))� is aqualifying young person within the meaning of secion 142 of the Contributions andBenefits Act (child and qualifying young person)� (hereinafter referred to as an eligibleperson)� who–

(a) is the parent of a child for whom he is treated as responsible under regulation15 (circumstances in which a person is to be treated as responsible or notresponsible for another) and who is treated as a member of his householdunder regulation 16 (circumstances in which a person is to be treated asbeing or not being a member of the household); or

(b)-(bb) �7�

(bc) �8�

(c) he has no parent nor any person acting in the place of his parents; or�9(d) of necessity has to live away from his �10parents and any� person acting in

the place of his parents because–

(i) he is estranged from his �10parents and that person�; or(ii) he is in physical or moral danger; or

(iii) there is a serious risk to his physical or mental health;� or

2Words in Reg. 6(6)(a),(b) & (7) omitted byreg. 2(a)(i)-(iii) of S.I.2003/1589 as from25 .10 .04 .

9Reg. 13(2)(d) sub-stituted by reg. 4 of S.I.1989/1034 as from10.7.89 subject tosaving in reg. 13 ibid.10Words in reg. 13(2)(d)substituted by reg. 5 ofS.I. 1991/236 as from8.4 .91 .

3Regs. 7-11 revoked bySch. 3 to S.I. 1996/206as from 7.10.96.

6Words inserted in reg.13(2) by reg. 2(4)(a) ofS.I. 2008/698 as from14.4 .08 .

7Reg. 13(2)(b) & (bb)revoked by reg. 2(1)(a)of S.I. 2009/3152 asfrom 30.12.09.8Para. 13(2)(bc) omittedby para. 4(4) of S.I.2013/2536 as from29 .10 .13 .

1Words in reg. 6(5)(d)substituted by reg.3(2)(a)-(c) of S.I. 2007/3183 as from 17.12.07.



6.2586 (–6.2600)

(a ) 1989 c. 41.(b) 1995 c. 36.(c) 2014 anaw 4.(d) S.I. 2006/223.

7Reg. 13(3)(a) assubstituted (Eng. &Wales) by para. 2 ofSch. to S.I. 1992/468 asfrom 6.4.92.

8Reg. 13(3)(a) as inforce in Scotland.9Words in reg. 13(3)(a)substituted by reg. 6(b)of S.I. 1991/1559 asfrom 7.10.91.


�1(dd) has ceased to live in accommodation provided for him by a local authorityunder Part III of the Children Act 1989(a) (local authority support for childrenand families) �2or Part II of the Children (Scotland) Act 1995(b) (promotionof children’s welfare by local authorities and by children’s hearing etc.)��3or Part 4 (meeting needs) or Part 6 (looked after and accommodatedchildren) of the Social Services and Well-being (Wales) Act 2014(c)�, �4orby virtue of any order or warrant made under the children’s Hearings(Scotland) Act 2011,� and is of necessity living away from his parents andany person acting in place of his parents;�

(e) is living away from his parents and any person acting in the place of hisparents in a case where his parents are or, as the case may be, that person isunable financially to support him and–(i) chronically sick or mentally or physically disabled; or

(ii) detained in custody pending trial or sentence upon conviction or undera sentence imposed by a court; or

(iii) prohibited from entering or re-entering Great Britain; or�5(f)-(g)�

�5(h) is a person to whom paragraph 18 of Schedule 1B (refugees) applies.�

�6(2A) For the purposes of paragraph (2)–(a) the eligible person shall be treated as satisfying the condition prescribed in

regulation 8 of the Child Benefit (General) Regulations 2006(d) (child benefitnot payable in respect of qualifying young person: other financial support);

(b) where sub-paragraphs (c) to (e) apply, the eligible person shall be treated assatisfying the condition prescribed in regulation 5(2)(e) and (f) of the ChildBenefit (General) Regulations 2006 (extension period: 16 and 17 year olds).�

(3) In this regulation–�7(a) any reference to a person acting in the place of an eligible person’s parents

includes–

(i) for the purposes of paragraph (2)(c), (d) and (dd), a reference to a localauthority or voluntary organisation where the eligible person is beinglooked after by them under a relevant enactment or where the eligibleperson is placed by the local authority or voluntary organisation withanother person, that other person, whether or not a payment is made tohim;

(ii) for the purposes of paragraph (2)(e), the person with whom the person isso placed;�

�8(a) any reference to a person acting in the place of �9an eligible person’s parents�includes–(i) for the purposes of paragraph (2)(c) and (d), a reference to a local authority

or voluntary organisation where the �9eligible� person is in their careunder a relevant enactment, or to a person with whom the �9eligible�person is boarded out by a local authority or voluntary organisationwhether or not any payment is made by them; and

(ii) for the purposes of paragraph (2)(e), any person with whom the�9eligible� person is so boarded out;�

(b) “chronically sick or mentally or physically disabled” means, in relation to aperson to whom that expression refers, a person–(i) in respect of whom the condition specified in paragraph 12(1) of Schedule

2 (additional condition for the higher pensioner and disability premiums)is satisfied; or

(ii) �10�

(iii) who is substantially and permanently disabled.

Reg. 13

6Reg. 13(2A) insertedby reg. 2(4)(b) of S.I.2008/698 as from14.4 .08 .

5Reg. 13(2)(f)(g)deleted & (2)(h)substituted by reg. 7 &Sch. 3 of S.I. 1996/206as from 7.10.96.

10Reg. 13(3)(b)(i i)omitted by reg. 2(4) ofS.I. 2009/2655 on orafter 26.10.09 subjectto reg. 1 ibid.

1Sub-para. (dd) insertedinto reg. 13(2) by reg.3(1) of S.I. 1992/468 asfrom 6.4.92.2Words inserted in reg.13(2)(dd) by reg. 2(5)of S.I. 2010/641 asfrom 1.4.10.

4Words in reg. 13(2)(dd)inserted by para. 12(2)of Sch. 1 to S.I. 2013/1465 as from 24.6.13.

3Words inserted in reg.13(2)(dd) by art . 2(2)of S.I. 2017/901 asfrom 3.11.17.



6.2601Supplement No. 103 [June 2013]

�1; or

(iv) who is entitled to an employment and support allowance which includes awork-related activity component or support component �2or who would beentitled to an employment and support allowance including a work-relatedactivity component but for the application of section1A of the Welfare ReformAct (duration of contributory allowance)�

�313A.�

1Reg. 13(3)(b)(iv)inserted by reg. 14 ofS.I. 2012/757 as from1.4 .12 .

3Reg. 13A revoked bySch. 3 of S.I. 1996/206as from 7.10.96.

2Words in reg. 13(3)(b)(iv) inserted by reg.3(2) of S.I. 2012/913 asfrom 1.5.12.

Regs. 13-13A



Regs. 14-15

6.2602 (–6.2616)

1Words substituted inreg. 14(1) by reg. 5 ofS.I. 1988/1445 as from12.9 .88 .

7Reg. 15(1), (1A) and(2) substituted for reg.15(1) and (2) by reg. 5of S.I. 1993/2119 asfrom 4.10.93.


3Para. (2) of reg. 14substituted by Sch. 1,para. (b) of S.I. 2001/3070 as from 1.10.01.

(a ) 2000 c. 35.(b) Section 145A is inserted by section 55 of the Tax Credits Act 2002 (c. 21).

PART IIIMEMBERSHIP OF THE FAMILY

Persons of a prescribed description

14.—(1) Subject to paragraph (2), a person of a prescribed description for thepurposes of section 10(11) of the Act as it applies to income support (definitionof the family) and section 12(1) �1and(3)� of the Act (trade disputes) is a person�2who falls within the definition of qualifying young person in section 142 of theContributions and Benefit Act (child and qualifying young person)� and in theseRegulations such a person is referred to as a “young person”.

�3(2) Paragraph (1) shall not apply to a person who is–

(a) �2�

(b) entitled to income support or would, but for section 134(2) (provision againstdual entitlement of members of family) of the Contributions and BenefitsAct, be so entitled; �4�

(c) a person to whom section 6 of the Children (Leaving Care) Act 2000(a)(exclusion from benefits) applies;� �4�5�

(d) entitled to an employment and support allowance or would, but for paragraph6(1)(d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement toincome-related employment and support allowance), be so entitled.� �5;or

(e) entitled to universal credit.�

�6(3) A person of a prescribed description for the purposes of section 137(1) of theContributions and Benefits Act as it applies to income support (definition of family)includes a child or young person in respect of whom section 145A(b) of that Actapplies for the purposes of entitlement to child benefit but only for the period prescribedunder section 145A(1) of that Act.�

Circumstances in which a person is to be treated as responsible or not responsiblefor another

15.—�7(1)Subject to the following provisions of this regulation, a person is to betreated as responsible for a child or young person for whom he is receiving childbenefit �8and this includes a child or young person to whom paragraph (3) of regulation14 applies.�

(1A) In a case where a child (“the first child” is in receipt of child benefit in respectof another child (“the second child”), the person treated as responsible for the firstchild in accordance with the provisions of this regulation shall also be treated asresponsible for the second child.

(2) In the case of a child or young person in respect of whom no person is receivingchild benefit, the person who shall be treated as responsible for that child or youngperson shall be–

(a) except where sub-paragraph (b) applies, the person with whom the child oryoung person usually lives; or

(b) where only one claim for child benefit has been made in respect of the childor young person, the person who made that claim.�

6Reg. 14(3) inserted bySch. 1, para. 2 of S.I.2002/2402 as from6.4 .03 .

8Words added in reg.15(1) by Sch. 1, para. 3of S.I. 2002/2402 asfrom 6.4.03.

2Words substituted inreg. 14(1) and para.(2)(a) omitted by reg.2(4)(a) and (b) of S.I.2006/718 as from10.4 .06 .

4Words omitted in para.(2)(b) & sub-para. (d)inserted by reg. 2(4)(a)& (b) of S.I. 2008/1554as from 27.10.08.5Words omitted & sub-para. (e) inserted in reg.14(2) by reg. 28(3) ofS.I. 2013/630 as from29.4 .13 .



Regs. 15-16

6.2617

1Words in reg. 16(1)substituted by reg. 8(a)of S.I. 1988/663 asfrom 11.4.88.2Words in reg. 16(1)substituted by reg. 6(2)of S.I. 1993/2119 asfrom 4.10.93.3Reg. 16(2) substitutedby reg. 6(3)of S.I.1993/2119 as from4.10 .93 .

7Reg. 16(3)(c) deletedby para. 1 of Sch. 1 toS.I. 1992/3147 as from1.4 .93 .

9Sub-paras. (a) & (b) ofreg. 16(4) substituted(Eng. & Wales) by para.3(a) of Schedule to S.I.1992/468 as from 6.4.92.

(a ) 1977 c. 49; section 4 was amended by section 148, schedule 4, paragraph 47 of the MentalHealth Act 1983 (c. 20).

(b) 1984 c. 36.(c) 1952 c. 52.(d) 1989 c. 45.

5Reg. 16(3)(b)substituted by reg. 6(5)of S.I. 1996/1944 asfrom 7.10.96.


(3) Where regulation 16(6) (circumstances in which a person is to be treated asbeing or not being a member of the household) applies in respect of a child or youngperson, that child or young person shall be treated as the responsibility of the claimantfor that part of the week for which he is under that regulation treated as being amember of the claimant’s household.

(4) Except where paragraph (3) applies, for the purposes of these Regulations achild or young person shall be treated as the responsibility of only one person in anybenefit week and any person other than the one treated as responsible for the child oryoung person under this regulation shall be treated as not so responsible.

Circumstances in which a person is to be treated as being or not being a member of thehousehold

16.—(1) Subject to paragraphs (2) to (5), the claimant and any partner and, wherethe claimant or his partner is treated as responsible under regulation 15 (circumstancesin which a person is to be treated as responsible or not responsible for another) for achild or young person, that child or young person and any child of that child or youngperson shall be treated as members of the same household �1notwithstanding that anyof them� �2is temporarily living away from the other members of his family�.

�3(2) Paragraph (1) shall not apply to a person who is living way from the othermembers of his family where–

(a) that person does not intend to resume living with the other members of hisfamily; or

(b) his absence from the other members of his family is likely to exceed 52weeks, unless there are exceptional circumstances (for example the person isin hospital or otherwise has no control over the length of his absence), andthe absence is unlikely to be substantially more than 52 weeks.�

(3) Paragraph (1) shall not apply in respect of any member of a couple or of apolygamous marriage where–

(a) one, both or all of them are patients detained in a hospital provided undersection 4 of the National Health Service Act 1977(a) �4High securitypsychiatric services� or section 90(1) of the Mental Health (Scotland) Act1984(b) (provision of hospitals for patients requiring special security); or

�5(b) one, both or all of them are–(i) detained in custody pending trial or sentence upon conviction or under

a sentence imposed by a court; or*(ii) on temporary release in accordance with the provisions of the Prison Act

1952(c) or the Prisons (Scotland) Act 1989(d);� or

*Reg. 16(3)(b)(ii) is amended by reg. 3(1)(a) of S.I. 2020/409 on atemporary basis. These regulations cease to have effect at the end of theperiod of eight months beginning on 13th March 2020. See reg. 6 of S.I.2020/409.

(ii) on temporary release in accordance with the provisionsof �6� the Prisons (Scotland) Act 1989(d)

(c) �7�

(d) the claimant is abroad and does not satisfy the conditions of regulation 4(temporary absence from Britain); or

(e) one of them is permanently �8residing in a care home, an Abbeyfield Homeor an independent hospital�

(4) A child or young person shall not be treated as a member of the claimant’shousehold where he is–

�9(a) placed with the claimant or his partner by a local authority under �10section22C(2)� of the Children Act 1989 or by a voluntary organisation undersection 59(1)(a) of that Act; or

8Words in reg. 16(3)(e)substituted by para. 3(a)of Sch. 1 to S.I. 2005/2687 as from 24.10.05.

4Words substituted inreg. 16(3)(a) by reg.5(2) of S.I . 2006/2378as from 2.10.06.

10Words in reg. 16(4)(a)substituted by art. 20(2)of S.I. 2017/901 as from3.11 .17 .

6Words omitted in reg.16(3)(b)(ii) by reg. 3(1)(a)of S.I. 2020/409 as from8.4.20.



Reg. 16

6.2618

4Words in reg. 16(5)substituted by reg. 8(d)of S.I. 1988/663 asfrom 11.4.88.5Words inserted in reg.16(5)(a) by reg 7(a) ofS.I. 1990/547 as from9.4 .90 .

8Sub-para. (aa) insertedin reg. 16(5) by reg.7(b) of S.I. 1990/547 asfrom 9.4.90.

(a ) S.I. 1983/1964.(b) S.S.I. 2009/154, amended by S.S.I. 2010/172.

6Words added in sub-paras. (a)(i), (aa)(i) and(b)(i) of reg. 16(5) byreg. 8(2) of S.I. 1996/206 as from 7.10.96.7Words substituted inreg. 16(5)(a)(ii) by reg.7(a) of S.I. 1990/547 asfrom 9.4.90.

13Reg. 16(5A) insertedby reg. 8(3) of S.I.1996/206 as from7.10 .96 .

11Sub-paras. (c) and (d)of reg. 16(5) substituted(Eng. & Wales) by para.3(b) of Schedule S.I.1992/468 as from6.4 .92 .12Sub-paras. (c) and (d)of reg. 16(5) as in forcein Scotland.


�1(aa) placed with the claimant or his partner by a local authority under section81(2) of the Social Services and Well-being (Wales) Act 2014; or�

(b) placed with the claimant or his partner prior to adoption; or�

�2(a) boarded out with the claimant or his partner under a relevant enactment; or(b) boarded out with the claimant or his partner prior to adoption; or�

(c) placed for adoption with the claimant or his partner pursuant to a decisionunder the Adoption Agencies regulations 1983(a) or �3the Adoption Agencies(Scotland) Regulations 2009(b)�.

(5) Subject to paragraph (6), paragraph (1) shall not apply to a child or youngperson who is not living with the claimant �4and who�–

(a) �5in a case which does not fall within sub-paragraph (aa),� has beencontinuously absent from Great Britain for a period of more than four weekscommencing–(i) �6subject to paragraph (5A)� where he went abroad before the date of

claim for income support, with that date;(ii) in any other case, �7on the day which immediately follows the day� on

which he went abroad; or�8(aa) where regulation 4(3) or paragraph 11A or 12A of Schedule 7 temporary

absence abroad for the treatment of a child or young person) applies, hasbeen continuously absent from Great Britain for a period of more than 8weeks, that period of 8 weeks commencing–(i) �6subject to paragraph (5A)� where he went abroad before the date of

the claim for income support, on the date of that claim;(ii) in any other case, on the day which immediately follows the day on

which he went abroad; or�

(b) has been an in-patient or in �9accommodation� �10� for a continuous periodof more than 12 weeks commencing–(i) �6subject to paragraph (5A)� where he became an in-patient or, as the

case may be, entered that accommodation before the date of the claim forincome support, with that date; or

(ii) in any other case, with the date on which he became an in-patient orentered that accommodation,

and, in either case, has not been in regular contact with either the claimant orany member of the claimant’s household; or

�11(c) is being looked after by local authority under a relevant enactment; or(d) has been boarded out with a person other than the claimant prior to adoption;

or�

�12(c) is in the care of a local authority under a relevant enactment; or(d) has been boarded out with a person other than the claimant prior to adoption;

or�

(e) has been placed for adoption pursuant to a decision under the AdoptionAgencies Regulations 1983 or �3the Adoption Agencies (Scotland)Regulations 2009(b)�; or

(f) is detained in custody pending trial or sentence upon conviction or under asentence imposed by a court.

�13(5A) Sub-paragraphs (a)(i), (aa)(i) and (b)(i) of paragraph (5) shall not apply in acase where immediately before the date of claim for income support the claimant wasentitled to an income-based jobseeker’s allowance.�

(6) A child or young person to whom any of the circumstances mentioned in sub-paragraphs (c) or (f) of paragraph (5) applies shall be treated as being a member of theclaimant’s household only for that part of any benefit week where that child or youngperson lives with the claimant.

(7) Where a child or young person for the purposes of attending the educationalestablishment at which he is receiving relevant education is living with theclaimant or his partner and neither one is treated as responsible for that child or young

10Words in reg. 16(5)(b)omitted by para. 3(b) ofSch. 1 to S.I. 2005/2687as from 24.10.05.

9Word in reg. 16(5)(b)substituted by reg.8(d)(ii) of S.I. 1988/663 as from 11.4.88.

2Sub-paras. (a) and (b)of reg. 16(4) as in forcein Scotland.

3Words in reg. 16(4)(c)& (5)(e) substituted bypara. 9(2)(a) of Sch. 1to S.I. 2011/1740 asfrom 15.7.11.

1Sub-para. (aa) of reg.16(4) inserted by art.2(3)(a) of S.I. 2017/901as from 3.11.17.



Regs. 16-17

6.2619

4Sub-para. (a) of reg.16(8) substituted (Eng. &Wales) and words in reg.16(8)(b) substituted (Eng.& Wales) by para. 3(c) ofSch. to S.I. 1992/468 asfrom 6.4.92.

10Words in reg. 17(1)(b)substituted by reg. 7 ofS.I. 1993/2119 as from4.10.93.

11Reg. 17(1)(bb) omittedby para. 2 of Sch. 1 toS.I. 2003/1121 as from6.10 .03 .

(a ) 1948 c. 29.(b) 1968 c. 49.(c) 2003 asp. 13.(d) 1955 c. 18. The provisions relating to reception orders were repealed as from 1st January

1992 by the Armed Forces Act 1991 (c. 62) but with savings (articles 2 and 3(1) of S.I.1991/2719).

(e) 1968 c. 49.( f ) 1973 c. 18.(g ) 1986 c. 55.(h) 1989 c. 41.



person that child or young person shall be treated as being a member of the householdof the person treated as responsible for him and shall not be treated as a member of theclaimant’s household.

(8) In this regulation–�1(za) “accommodation” means accommodation provided by a local authority in a

home owned or managed by that local authority–(i) under sections 21 to 24 of the National Assistance Act 1948(a) (provision

of accommodation),(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act

1968(b) (provision of residential or other establishment), �2�

(iii) under section 25 of the Mental Health (Care and Treatment) (Scotland)Act 2003(c) (care and support services etc.); �2�3�

(iv) under section 18 or 19 of the Care Act 2014 (duty and power to meetneeds for care and support);� �3or

(v) under section 35 or 36 of the Social Services and Well-being (Wales) Act2014 (duty and power to meet care and support needs of an adult),�

where the accommodation is provided for a person whose stay in thataccommodation has become other than temporary;�

�4(a) “relevant enactment” means the Army Act 1955(d), the Social Work (Scotland)Act 1968(e), the Matrimonial Causes Act 1973(f), �5the Adoption andChildren (Scotland) Act 2007�, the Family Law Act 1986(g) �6, the ChildrenAct 1989(h) and the Social Services and Well-being (Wales) Act 2014�;�

(b) “voluntary organisation” has the meaning assigned to it in the �4ChildrenAct 1989� or, in Scotland, the Social Work (Scotland) Act 1968.

PART IV

APPLICABLE AMOUNTSApplicable amounts

17.—(1) Subject to regulations �718 to 22A� �8� (applicable amounts in othercases and reductions in applicable amounts �8�), a claimant’s weekly applicableamount shall be the aggregate of such of the following amounts as may apply in hiscase;

(a) an amount in respect of himself or, if he is a member of a couple, anamount in respect of both of them, determined in accordance withparagraph 1(1), (2) or (3), as the case may be, of Schedule 2;

(b) �9�


(b) an amount determined in accordance with paragraph 2of Schedule 2 in respect of any child or young personwho is a member of his family, except a child or youngperson whose capital, if calculated in accordance withPart V in like manner as for the claimant, �10except asprovided in regulation 44(1) (modifications in respect ofchildren and young persons)�, would exceed £3,000;*

*The sum of £3,000 in reg. 17(1)(b) above is maintained in force (6.4.20)by article 21(2) of S.I. 2020/234. See art. 1(3)(h) of this S.I. for detailsof when to apply.

(bb) �11�(c) �9�

9Reg 17(1)(b) and (c)omitted by para. 2(a) ofSch. 1 to S.I. 2003/455as from 6.4.04.

1Sub-para. (za) insertedin reg. 16(8) by para.3(c) of Sch. 1 to S.I.2005/2687 as from24 .10 .05 .

8Words omitted in reg.17(1) by reg. 3(2)(a) ofS.I. 2009/3228 as from25.1 .10 .

5Words in reg. 16(8)(a)substituted by para.9(2)(b) of Sch. 1 to S.I.2011/1740 as from15.7 .11 .

2Words omitted & insertedin reg. 16(8)(za) byparas. 5(2)(a) & (b) ofthe Sch. to S.I. 2015/643as from 1.4.15.3Words omitted & insertedin reg. 16(8)(za) by art.2(3)(b)(i) of S.I. 2017/901 as from 3.11.17.

6Words substituted in reg.16(8)(a) by art. 2(3)(b)(ii)of S.I. 2017/901 as from3.11 .17 .



Reg. 17

6.2620 (–6.2628)

1Sub-para. (f) added toreg. 17 by reg. 2 of S.I.1988/910 as from30.5 .88 .2Words substituted inreg. 17(1)(f) by para.11 of Sch. 1 to S.I.1988/1445 as from10.4 .89 .3Reg. 17(1)(g) revokedby reg. 2(4)(a) ofS.I. 2006/588 as from3.4 .06 .4Paras. (2) to (7) addedto reg. 17 by reg. 2 ofS.I. 1988/910 as from30.5 .88 .



(c) if he is a member of a family of which at least one memberis a child or young person, an amount determined inaccordance with Part II of Schedule 2 (family premium);

(d) the amount of any premiums which may be applicable to him, determined inaccordance with Parts III and IV of Schedule 2 (premiums);

(e) any amounts determined in accordance with Schedule 3 (housing costs)which may be applicable to him in respect of mortgage interest paymentsor such other housing costs as are prescribed in that Schedule;

�1(f) any amounts determined in accordance with �2paragraphs (2) to (7)��;

(g) �3�

�4(2) Where–(a) a claimant has throughout the period beginning on 11th April 1988 and

ending immediately before the coming into force of paragraphs 25 to 28of Schedule 10 (capital to be disregarded) failed to satisfy the capitalcondition in section 22(6) of the Act (no entitlement to benefit if capitalexceeds prescribed amount); and

(b) as a consequence he is not entitled to any transitional addition, specialtransitional addition or personal expenses addition under Part II of theTransitional Regulations; and

(c) had those paragraphs been in force on 11th April 1988 he would havesatisfied that condition and been entitled to any such addition,

the amount applicable under this paragraph shall, subject to paragraph (3), beequal to the amount of any transitional addition, special transitional additionand personal expenses addition to which he would be entitled under Part II ofthe Transitional Regulations had he been entitled to any such addition in theweek commencing 11th April 1988.

(3) For the purposes of paragraph (2), in determining a claimant’s total benefitincome in his second benefit week for the purpose of calculating the amount ofany transitional addition to which he would have been entitled, no account shallbe taken of any payment referred to in paragraph (1)(j) of regulation 9 of theTransitional Regulations (total benefit income) which is made in respect of thatweek to compensate for the loss of entitlement to income support.

(4) Subject to paragraph (6), where–

(a) the claimant or any member of his family was temporarily absent fromhis home in the claimant’s first or second benefit week (or both), becausehe was–

(i) a patient; or(ii) outside Great Britain for the purpose of receiving treatment for

any disease or bodily or mental disablement or for the purpose ofaccompanying a child or young person who is outside Great Britainfor the purpose of receiving such treatment; or

�5(iii) in a care home, an Abbeyfield Home or an independent hospital; or�

(iv) in the care of a local authority under a relevant enactment; or(v) staying with a person who was contributing to his maintenance; and

(b) as a result–

(i) in the claimant’s first benefit week his requirements for the purposeof calculating his entit lement to supplementary benefit wereincreased or reduced or he was not entitled to that benefit; or

(ii) in the claimant’s second benefit week his applicable amount was increasedor reduced or he was not entitled to income support; and

5Para. (4)(a)(iii) in reg.17 substituted by para.4 of Sch. 1 to S.I. 2005/2687 as from 24.10.05.



Regs. 17-18

6.2629

1Words substituted inreg. 17(6) and para.(6A) and (7) inserted byreg. 4 of S.I. 1989/1678as from 9.10.89.

3Words in reg. 18substituted by reg. 5(a)of S.I. 1988/1228 asfrom 12.9.88.

(a ) 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25(1).(b) 1990 c. 35.(c) S.I. 1987/1969 amended by S.I. 1988/521 and 670.

5Words substituted inreg. 18(1) by reg.10(2)(a) of S.I. 1996/206 as from 7.10.96.


4Words substituted inreg. 18(1) by reg. 2(1)of, & para. 4 of Sch. to,S.I. 2001/3767 as from8.4 .02 .

(c) the period during which his requirements were, or his applicable amountwas, increased or reduced, or he was not entitled to benefit, or any oneor more of those circumstances existed, did not exceed 8 weeks,

the amount applicable under this paragraph shall be equal to the amountdetermined under paragraph (5).

(5) The amount for the purposes of paragraph (4) shall be an amount equal tothe difference between–

(a) the amount that his total benefit income in his first benefit week wouldhave been had he been entitled in respect of that week to supplementarybenefit calculated on the basis that he or any member of his family hadnot been absent from the home; and, if less,

(b) the amount of his total benefit income in the first complete week afterthe period of temporary absence ends; but for the purpose of calculatinghis total benefit income in that week–(i) no account shall be taken of any payment referred to in paragraph

(l)(j) of regulation 9 of the Transitional Regulations which is madein respect of that week to compensate for the loss (in whole or inpart) of entitlement to income support; and

(ii) if the period of temporary absence ends after the coming into forceof paragraph (4), the amount of income support to be taken intoaccount shall, notwithstanding regulation 9(6) of the TransitionalRegulations, be calculated as if that paragraph were not in force.

(6) The amount under paragraph (4) shall cease to be applicable to a claimant ifhe ceases to be entitled to income support for a period exceeding �1the permittedperiod determined in accordance with regulation 3A (permitted period)�.

�1(6A) For the purposes of paragraph (6), where a claimant has ceased to beentit led to income support because he or his partner is participating inarrangements for training made under section 2 of the Employment and TrainingAct 1973(a) �2or section 2 of the Enterprise and New Towns (Scotland) Act1990� (b) or attending a course at an employment rehabilitation centre establishedunder that section �2of the 1973 Act�, he shall be treated as if he had been entitledto income support for the period during which he or his partner is participatingin such arrangements or attending such a course.�

(7) In this Regulation–“first benefit week” and “second benefit week” have the meanings given tothose expressions in regulations 2(1) of the Transitional Regulations andshall also include the week which would have been the claimant’s “firstbenefit week” or, as the case may be, “second benefit week” had he beenentitled to supplementary benefit or, as the case may be, income support inthat week;“total benefit income” has, subject to paragraphs (3) and (5)(b), the samemeaning as in regulation 9 of the Transitional Regulations;“Transitional Regulations” means the Income Support (Transitional)Regulations 1987(c).��

Polygamous marriages

18. �3(1) Subject to paragraph (2) and� �4regulations 21� �5to 22A� �6�(applicable amounts in other cases and reductions in applicable amounts �6�), wherea claimant is a member of a polygamous marriage his weekly applicable amount shallbe the aggregate of such of the following amounts as may apply in his case:

(a) the highest amount applicable to him and one of his partners determined inaccordance with sub-paragraph (3) of paragraph 1 of Schedule 2 as if he andthat partner were a couple;

2Words inserted in reg.17(6A) by arts. 2 &9(c) of, and Sch. to,S.I. 1991/387 as from1.4 .91 .

6Words omitted in reg.18(1) by reg. 3(2)(b) ofS.I. 2009/3228 as from25.1 .10 .



Regs. 18-20

6.2630 (–6.2642)

4Words in reg. 18(1)(c)substituted by reg. 8 ofS.I. 1993/2119 as from4.10.93.

5Sub-para. (cc) of reg.18(1) omitted by para. 3to Sch. 1 of S.I. 2003/1121 as from 6.10.03.

6Sub-para. (g) inserted inreg. 18(1) by reg. 6 ofS.I. 1988/1445 as from12.9 .88 .

2Ref. in reg. 18(1)(b)substituted by reg. 5 ofS.I. 1989/1034 as from10.7 .89 .

1Words substituted inreg. 18(1)(b) by reg.10(2)(b) of S.I. 1996/206 as from 7.10.96.

9Sub-para. (b) of reg.18(2) substituted byreg. 10(3) of S.I. 1996/206 as from 7.10.96.

10Reg. 19 omitted byreg. 2(1) of, & para. 5of the Sch. to, S.I.2001/3767 as from8.4 .02 .


(b) an amount equal to the difference between the amounts specified in�1sub-paragraphs (3)(d)� �2and (1)(e)� of paragraph 1 of Schedule 2 inrespect of each of his other partners;

(c) �3�


(c) an amount determined in accordance with paragraph 2of Schedule 2 (applicable amounts) in respect of anychild or young person for whom he or a partner of his isresponsible and who is a member of the same householdexcept a child or young person whose capital, ifcalculated in accordance with Part V in like manner asfor the claimant, �4except as provided in regulation 44(1)(modifications in respect of children and youngpersons)�, would exceed £3,000;*

*The sum of £3,000 in reg. 18(1)(c) above is maintained in force (6.4.20)by article 21(2) of S.I. 2020/234. See art. 1(3)(h) of this S.I. for whento apply.

(cc) �5�

(d) �3�


(d) if he or another partner of the polygamous marriage isresponsible for a child or young person who is a memberof the same household, the amount specified in Part IIof Schedule 2 (family premiums);

(e) the amount of any premiums which may be applicable to him determinedin accordance with Parts III and IV of Schedule 2 (premiums);

(f) any amounts determined in accordance with Schedule 3 (housing costs)which may be applicable to him in respect of mortgage interest paymentsor such other housing costs as are prescribed in that Schedule;

�6(g) any amount determined in accordance with regulation 17(1)(f) (appli-cable amounts);�

(h) �7�

�8(2) In the case of a partner who is aged less than 18, the amount which appliesin respect of that partner shall be nil unless–

(a) that partner is treated as responsible for a child, or

�9(b) that partner is a person who–(i) had he not been a member of a polygamous marriage would have

qualified for income support under regulation 4ZA; or

(ii) satisfies the requirements of section 3(1)(f)(iii) of the Jobseekers Act1995 (prescribed circumstances for persons aged 16 but less than 18);or

(iii) is the subject of a direction under section 16 of the Jobseekers Act1995 (persons under 18: severe hardship).��

Applicable amounts for persons in residential care and nursing homes

19. �10�

[Regulation 20 deleted by para. 4 of Schedule 1 to S.I. 1989/534 as from 9.10.89.]

3Reg. 18(1)(c) & (d)omitted by para. 3(a) ofSch. 1 to S.I. 2003/455as from 6.4.04.

7Reg 18(1)(h) revoked byreg. 2(4)(b) of S.I. 2006/588 as from 3.4.06.8Reg. 18(2) added by reg.5(c) of S.I. 1988/1228 asfrom 12.9.88.



Reg. 21

6.2643

2Words inserted in reg.21(1) by reg. 2 of S.I.1996/2431 as from15 .10 .96 .

7Reg. 21(1A) deleted byreg. 2(5) of S.I. 2009/583 as from 6.4.09.

3Words substituted inreg. 21(1) by reg.3(4)(a) of S.I. 2000/636as from 3.4.00, subjectto saving in reg. 12 ofS.I . 2000/636.


1Words inserted in reg.21(1) by para. 6(a) ofSch. to S.I. 2001/3767as from 8.4.02.

Special cases

21.—(1) Subject to �1paragraph (1B),� �2�3regulation 21ZB�* (treatment ofrefugees) and� �4regulation 22A� (reductions in applicable amounts) in the case of aperson to whom any paragraph in column (1) of Schedule 7 applies (applicable amountsin special cases), the amount included in the claimant’s weekly amount in respect ofhim shall be the amount prescribed in the corresponding paragraph in column (2) ofthat Schedule; �5�*For cases falling within the transitional arrangements and savings provisions in reg. 12 of S.I.2000/636, reg. 21(1) remains in force as if the words “regulation 21ZB” had not been substitutedfor the words “regulation 21ZA” by reg. 3(4)(a) of S.I. 2000/636.

Reg. 21(1) is reproduced below as it was before the amdt. by S.I. 2003/455 was implemented. See reg. 1 of that S.I. at page 7.7203 for details ofwhen to apply this version.

21.—(1) Subject to �1paragraph (1B),� �2�3regulation 21ZB�*(treatment of refugees) and� �4regulation 22A� (reductions inapplicable amounts) in the case of a person to whom anyparagraph in column (1) of Schedule 7 applies (applicableamounts in special cases), the amount included in the claimant’sweekly amount in respect of him shall be the amount prescribedin the corresponding paragraph in column (2) of that Schedule;but no amount shall be included in respect of a child or youngperson if the capital of that child or young person calculated inaccordance with Part V in like manner as for the claimant, �6exceptas provided in regulation 44(1) (modifications in respect ofchildren and young persons)�, would exceed £3,000.**

*For cases falling within the transitional arrangements and savingsprovisions in reg. 12 of S.I. 2000/636, reg. 21(1) remains in force as ifthe words “regulation 21ZB” had not been substituted for the words“regulation 21ZA” by reg. 3(4)(a) of S.I. 2000/636.

**The sum of £3,000 in reg. 21(1) above is maintained in force (6.4.20)by article 21(2) of S.I. 2020/234. See art. 1(3)(h) of this S.I. for when toapply.

(1A) �7�

(1B) �8�

(2) �9�

Reg. 21(2) is reproduced below as it was before the amdt. by S.I. 2003/455 was implemented. See reg 1 of that S.I. at page 6.7203 for details ofwhen to apply this version.

(2) In Schedule 7, for the purposes of �8paragraph 1, 2 or 3(patients)�, where a person has been a patient for two or moredistinct periods separated by one or more intervals each notexceeding 28 days, he shall be treated as having been a patientcontinuously for a period equal in duration to the total of thosedistinct periods.

(3) �10in Schedule 7�

�11“partner of a person subject to immigration control” means a person–(i) who is not subject to immigration control within the meaning of section

115(9) of the Immigration and Asylum Act; or

(ii) to whom section 115 of that Act does not apply by virtue of regulation 2of the Social Security (Immigration and Asylum) ConsequentialAmendments Regulations 2000; and

(iii) who is a member of a couple and �12the member’s� are subject toimmigration control within the meaning of section 115(9) of that Actand section 115 of that Act applies to �12the partner� for the purposes ofexclusion from entitlement to income support;�

8Para. (1B) omitted &words substituted inPara. (2) by reg. 3 ofS.I. 2003/2325 as from6.10 .03 .

5Words omitted fromreg. 21(1) by para. 4 ofSch. 1 to S.I. 2003/455as from 6.4.04.

6Words in reg. 21(1)substituted by reg. 3 ofS.I. 1994/527 as from11.4.94.


10Words in reg. 21(3)substituted by reg. 6(2)(a)(i) of S.I. 2006/1026as from 30.4.06.

9Reg. 21(2) omitted byreg. 4(2)(a) of S.I. 2005/3360 as from 10.4.06 (seereg. 1(c) of this S.I. page3.4081 for other instancesto apply.)

11Defn. of “partner of aperson subject to immi-gration control” insertedby reg. 3(4)(c) of S.I.2000/636 as from 3.4.00.

12Words substituted indefn. of “partner of aperson subject toimmigration control” bypara. 13(3) of Sch. 3 toS.I. 2005/2877 as from5.12 .05 .


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Regs. 21-21AA

6.2644

(a ) S.I. 2005/3360.(b) 1952 c. 52.(c) 1989 c. 45.(d) 1983 c. 72.(e) 1984 c. 36.(f) 1995 c. 46.


4Defn. of “prisoner”substituted byreg. 21(a)(i) of S.I1995/516 as from10.4 .95 .5Words in defn. of“prisoner” substitutedby reg. 8(2)(c) of S.I.1998/563 as from6.4 .98 .

�1��2“person from abroad” has the meaning given in regulation 21AA;�

“patient” means a person (other than a prisoner) who is regarded as receiving freein-patient treatment within the meaning of �3regulation 2(4) and (5) of the SocialSecurity (Hospital In-Patients) Regulations 2005(a)�;

Regulation 2(2) of the Social Security (Hospital In-Patients) Regulations 1975 (S.I. 1975/555) isreproduced at Annex 4 to this S.I.

*�4“prisoner” means a person who–(a) is detained in custody pending trial or sentence upon conviction or

under a sentence imposed by a court; or(b) is on temporary release in accordance with the provisions of the Prison

Act 1952(b) or the Prisons (Scotland) Act 1989(c).other than a person �5who is detained in hospital under the provisions of theMental Health Act 1983(d), or, in Scotland, under the provisions of the MentalHealth (Scotland) Act 1984(e) or the Criminal Procedure (Scotland) Act 1995(f);��

*The defn. of “prisoner” is to be read so that individuals temporarilyreleased from a prison in England and Wales are no longer includedwithin that defn. See reg. 2 of S.I. 2020/409 as from 8.4.20.

Note this regulation ceases to have effect at the end of the period of eightmonths beginning on 13th March 2020. See reg. 6 of S.I. 2020/409.

�6�

�7(3ZA) In Schedule 7 “person serving a sentence of imprisonment detained inhospital” means a person (“P”) who satisfies either of the following conditions.

(3ZB) The first condition is that–(a) P is being detained under section 45A or 47 of the Mental Health Act 1983

(power of higher courts to direct hospital admission; removal to hospital ofpersons serving sentences of imprisonment etc.); and

(b) in any case where there is in relation to P a release date within the meaningof section 50(3) of that Act, P is being detained on or before the day whichthe Secretary of State certifies to be that release date.

(3ZC) The second condition is that P is being detained under–(a) section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital

direction); or(b) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003

(transfer of prisoners for treatment of mental disorder).�

(3A)-(3E) �6�

(3F) & (3G) �8�

(4)-(4B) �6�

(5) A claimant to whom paragraph 19 of Schedule 7 (disability premium) appliesshall be entitled to income support for the period in respect of which that paragraphapplies to him notwithstanding that his partner was also entitled to income support forthat same period.

�8Special cases: supplemental – persons from abroad

21AA.—(1) “Person from abroad” means, subject to the following provisions ofthis regulation, a claimant who is not habitually resident in the United Kingdom, theChannel Islands, the Isle of Man or the Republic of Ireland.

(2) No claimant shall be treated as habitually resident in the United Kingdom, theChannel Islands, the Isle of Man or the Republic of Ireland unless he has a right toreside in (as the case may be) the United Kingdom, the Channel Islands, the Isle ofMan or the Republic of Ireland other than a right to reside which falls within paragraph(3)�9 or (3A).�

2Defn. of “person fromabroad” substituted byreg. 6(2)(a)(ii) of S.I.2006/1026 as from30.4 .06 .

1Defn. of “partner fromabroad” omitted by reg.3(4) of S.I. 2000/636 asfrom 3.4.00.

6In reg. 21(3) defn. of“residentialaccommodat ion”omitted, reg. 21(3A)-(3E) & (4)-(4B) omittedby para. 5 of Sch. 1 toS.I. 2005/2687 as from24 .10 .05 .

3Words in defn. of“patient” substituted byreg. 4(2)(b) of S.I.2005/3360 as from10.4.06. See reg. 1(c)of this S.I. page 3.4081for other instances toapply.

8Regs. 21(3F) & (3G)omitted and reg. 21AAinserted by reg. 6(2)(b)& (3) of S.I. 2006/1026as from 30.4.06.

7Paras. (3ZA)-(3ZC)inserted by reg. 3(2) ofS.I. 2010/442 as from25.3 .10 .

9Words inserted in reg.21AA(2) by reg. 2(2)(a)of S.I. 2019/872 asfrom 7.5.19.


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Reg. 21AA


(3) A right to reside falls within this paragraph if it is one which exists by virtue of,or in accordance with, one or more of the following–

(a) regulation 13 of the �1Immigration (European Economic Area) Regulations2016�(a);

(b) regulation 14 of those Regulations, but only in a case where the right existsunder that regulation because the claimant is–

(i) a jobseeker for the purpose of the definition of “qualified person” inregulation 6(1) of those Regulations, or

(ii) a family member (within the meaning of regulation 7 of thoseRegulations) of such a jobseeker;

�2(bb) regulation 16 of those Regulations, but only in a case where the right existsunder that regulation because the claimant satisfies the criteria in paragraph(5) of that regulation;�

(c) Article 6 of Council Directive No. 2004/38/EC(b); �3�

(d) �4Article 45 of the Treaty on the functioning of the European Union� (in acase where the claimant is a person seeking work in the United Kingdom, theChannel Islands, the Isle of Man or the Republic of Ireland)�3; or

(e) Article 20 of the Treaty on the Functioning of the European Union (in a casewhere the right to reside arises because a British citizen would otherwise bedeprived of the genuine enjoyment of the substance of their rights as aEuropean Union citizen.�

�2(3A) A right to reside falls within this paragraph if it exists by virtue of a claimanthaving been granted limited leave to enter, or remain in, the United Kingdom underthe Immigration Act 1971(c) by virtue of–

(a) Appendix EU to the immigration rules(d) made under section 3(2) of thatAct; or

(b) being a person with a Zambrano right to reside as defined in Annex 1 ofAppendix EU to the immigration rules made under section 3(2) of that Act;�

(4) A claimant is not a person from abroad if he is–

�5(za) a qualified person for the purposes of regulation 6 of the �1Immigration(European Economic Area) Regulations 2016�(e) as a worker or a self-employed person;

(zb) a family member of a person referred to in sub-paragraph (za) within themeaning of regulation 7(1)(a), (b) or (c) of those Regulations;

(zc) a person who has a right to reside permanently in the United Kingdom byvirtue of regulation 15(1)(c), (d) or (e) of those Regulations;�

(g) a refugee within the definition in Article 1 of the Convention relating to theStatus of Refugees done at Geneva on 28th July 1951(f), as extended byArticle 1(2) of the Protocol relating to the Status of Refugees done at NewYork on 31st January 1967(g);

�6(h) a person who has been granted leave or who is deemed to have been grantedleave outside the rules made under section 3(2) of the Immigration Act 1971(h)where that leave is–

(a ) S.I. 2016/1052.(b) OJL 158, 30.4.04, p. 77.(c) 1971 c. 77.(d) The immigration rules were laid before Parliament on 23rd May 1994 (HC 395). Appendix

EU was laid before Parliament on 20th July 2018 as part of a command paper that amendedthe immigration rules entitled “Statement of Changes in Immigration Rules” (Cm 9675).Appendix EU was amended in respect of the Zambrano right to reside by a further commandpaper entitled “Statement of Changes in Immigration Rules” laid before Parliament on 7thMarch 2019 (H 1919).

(e) S.I. 2016/1052.( f ) Cmnd. 9171.(g ) Cmnd. 3906.(h) 1971 c. 77.

6Reg. 21AA(4)(h)substituted by reg.4(5)(a) of S.I. 2013/2536 as from 29.10.13.

5Reg. 21AA(a)-(f)substituted for sub-para.(za)-(zc) by reg. 2 ofS.I. 2014/902 as from31.5 .14 .

3Reg. 21AA(3)(e) andword inserted & wordomitted in (3)(c) by reg.2(3) & (4) of S.I. 2012/2587 as from 8.11.12.4Words in reg.21AA(3)(d) substitutedby para. 6 of Sch. toS.I. 2018/1084 as from15 .11 .18 .

1Words in reg.21AA(3)(a) & (4)(za)substituted by reg.2(2)(b) & (e) of S.I.2019/872 as from7.5 .19 .

2Reg. 21AA(3)(bb)substituted & (3A)inserted by reg. 2(2)(c)& (d) of S.I. 2019/872as from 7.5.19.



6.2646 (–6.2654)

Regs. 21AA-21ZB

(a) The Destitution Domestic Violence concession is published by the Home Office at: http://www.ukba.homeoffice.gov.uk.

(b) S.I. 2005/1379, amended by S.I. 2013/630; there are other amending instruments but noneis relevant.

(c) Cmd. 9171.(d) Cmd. 3906.


4Reg. 21ZB lapsed bythe revocation of S. 123to the Immigration andAsylum Act 1999 (c. 33)by S. 12 of the Asylumand Immigration(Treatment ofClaimants, etc) Act 2004as from 14.6.2007.

(i) discretionary leave to enter or remain in the United Kingdom;(ii) leave to remain under the Destitution Domestic Violence concession(a);

or

(iii) leave deemed to have been granted by virtue of regulation 3 of theDisplaced Persons (Temporary Protection) Regulations 2005(b);�

�1(hh) a person who has humanitarian protection granted under those rules; ��2or�

(i) a person who is not a person subject to immigration control within themeaning of section 115(9) of the Immigration and Asylum Act and who is inthe United Kingdom as a result of his deportation, expulsion or other removalby compulsion of law from another country to the United Kingdom; �3�

(j) �2�

(k) �2�

Treatment of refugees

21ZB.—(1)-(3) �4�

For cases falling within the transitional arrangements and savingsprovision in reg. 12 of S.I. 2000/636, reg. 21ZA remains in force asbefore it was replaced by reg. 3(5) of that S.I. as follows:–

21ZA.—(1) Where a person has submitted a claim for asylumand is notified that he has been recorded by the Secretary ofState as a refugee within the definition in Article 1 of theConvention relating to the Status of Refugees done at Genevaon 28th July 1951(c) as extended by Article 1(2) of the Protocolrelating to the Status of Refugees done at New York on 31stJanuary 1967(d) he shall cease to be a person from abroad forthe purposes of regulation 21 (special cases) and Schedule 7(applicable amounts in special cases) from the date he is sorecorded.

(2) Except in the case of a refugee to whom paragraph (3) refers,a refugee to whom paragraph (1) applies, who claims incomesupport within 28 days of receiving the notification referred toin that paragraph, shall have his claim for income support forwhichever of the periods referred to in paragraph (4) appliesin his case determined as if he had been an asylum seeker for thepurposes of regulation 70 (urgent cases) in respect of any suchperiod.

1Para. 21AA(4)(hh)inserted by reg. 2(2) ofS.I. 2006/2528 as from19 .10 .06 .2Words added in reg.21AA(hh) & sub-paras.(j) and (k) omitted byreg. 4(5)(c) of S.I.2013/2536 as from29 .10 .13 .3Words omitted in reg.21AA(i) by reg. 2(2) ofS.I. 2009/362 as from18.3 .2009 .




(3) A refugee to whom paragraph (1) applies, who was notifiedthat he had been recorded as a refugee in the period from 24thJuly 1996 to 15th October 1996 and who claims income supportwithin 28 days of the later date, shall have his claim for incomesupport for whichever of the periods referred to in paragraph (4)applies in his case determined as if he had been an asylum seekerfor the purposes of regulation 70 in respect of any such period.

(4) The periods to which this paragraph refers are–

(a) in the case of a claimant who made a claim for asylumupon arrival in the United Kingdom, the period from thedate on which his claim for asylum was first refused bythe Secretary of State or 5th February 1996 if that is later,to the date he is recorded by the Secretary of State as arefugee;

(b) in the case of a claimant whose claim for asylum is madeother than on arrival in the United Kingdom, the periodfrom the date of that claim, or 5th February 1996 if that islater, to the date he is recorded by the Secretary of Stateas a refugee.

(5) Any income support, which has otherwise been paid to theclaimant or any partner of his in respect of any part of the periodof an award to which paragraph (2) or (3) applies, shall be offsetagainst any award due to the claimant by virtue of that paragraphexcept to the extent that the benefit paid to that partner was duein respect of a period during which he was not a partner of theclaimant.

[Reg. 21A (reductions in applicable amounts in certain cases of failure toattend courses), and

Reg. 22 (reductions in applicable amounts in certain cases of actual or notionalunemployment benefit disqualification), were revoked by Sch. 3 to S.I. 1996/206.They are however included among those provisions of S.I. 1987/1967 which,although so revoked, will temporarily continue to be reproduced at Annex 7 onpage 6.4064 et seq.]

�1Reduction in applicable amount where the claimant is appealing against adecision �2which embodies a determination� that he is not incapable of work

22A.—(1) Subject to paragraph (3), where a claimant falls within paragraph 25of Schedule 1B (persons appealing against a decision �2which embodies adetermination� that they are not incapable of work under the �3personal capabilityassessment�), and none of the other paragraphs of that Schedule applies to him, hisapplicable amount shall be reduced by a sum equivalent to 20 per cent.* of thefollowing amount–

(a) in the case of a person to whom regulation 17 or 18 or paragraphs 6, 9to 12 �4� of Schedule 7 applies–(i) where he is a single claimant aged less than 18 or a member of a couple

or a polygamous marriage where all the members, in either case, are lessthan 18, the amount specified in paragraph 1(1)(a), (b) or (c), as the casemay be, of Schedule 2 (applicable amounts);

(ii) where he is a single claimant aged not less than 18 but less than 25 or amember of a couple or a polygamous marriage where one member is agednot less than 18 but less than 25 and the other member, or in the case ofpolygamous marriage each other member, is a person under 18 who–

(aa) does not qualify for income support under regulation 4ZA, or whowould not so qualify if he were to make a claim; and

(bb) does not satisfy the requirements of section 3(1)(f)(iii) of theJobseekers Act 1995 (prescribed circumstances for persons aged16 but less than 18); and

(cc) is not the subject of a direction under section 16 of the JobseekersAct 1995 (persons under 18: severe hardship),

the amount specified in paragraph 1(1)(d) of that Schedule;

Regs. 21ZA-22A

2Words added to theheading of reg. 22A andto reg. 22A(1) by para.1(a) of Sch. 6 to S.I.1999/2422 as from6.9 .99 .3Words substituted inreg. 22A(1) by reg. 6 ofS.I. 1999/3109 as from3.4 .00 .

1Reg. 22A added by reg.13 of S.I. 1996/206 asfrom 7.10.96.

4Words omitted in reg.22A(1)(a) by reg. 5(4)of S.I. 2007/2618 asfrom 1.10.07.



5Words substituted inreg. 23(1), reg 23(2)substituted and wordsomitted in reg. 23(1),(3)(a) by para. 6 of Sch.1 to S.I. 2003/455.

6.2656

2Words in reg. 22A(3)inserted and substitutedby para. 1 of Sch. 6 toS.I. 1999/2422 as from6.9 .99 .


3Words substituted inreg. 22A(3) by reg. 5 ofS.I. 2000/590 as from3.4 .00 .

(iii) where he is a single claimant aged not less than 25 or a member ofa couple or a polygamous marriage (other than a member of a coupleor a polygamous marriage to whom head (ii) of this sub-paragraphapplies) at least one of whom is aged not less than 18, the amountspecified in paragraph 1(1)(e) of that Schedule;

(b) �1�Regulation 22A(1) is disapplied in cases falling within reg. 27(3) (transitional provisions) of S.I.1996/206.

*Percentage in reg. 22A(1) maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260. See art.1(2)(j) of this S.I. for when to apply.

(2) A reduction under paragraph (1) shall, if it is not a multiple of 5p, be round tothe nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lowermultiple of 5p.

(3) Paragraph (1) shall not apply to a claimant who is appealing against adecision �2which embodies a determination� that he is not incapable of work underthe all work test where that �2determination� was �3the first determination made inaccordance with, the all work test before 3rd April 2000 or, after that date, the personalcapability assessment, in relation to the claimant�, and the claimant was, immediatelyprior to 13th April 1995, either–

(a) in receipt of invalidity pension under Part II of the Contributions and BenefitsAct as then in force, or severe disablement allowance; or

(b) incapable of work in accordance with paragraph 5 of Schedule 1 as in forceon 12th April 1995 and had been so for a continuous period of 28 weeks.�

�4�

PART VINCOME AND CAPITAL

CHAPTER IGENERAL

Calculation of income and capital of members of claimant’s family and of apolygamous marriage

23.—(1) �5Subject to paragraphs (4), the income and capital of a claimant’s partnerwhich by virtue of section 136(1) of the Contributions and Benefits Act� is to betreated as income and capital of the claimant, shall be calculated in accordance withthe following provisions of this Part in like manner as for the claimant; and anyreference to the “claimant” shall, except where the context otherwise requires, beconstrued, for the purposes of this Part, as if it were a reference to his partner �5�.

�5(2) Subject to the following provisions of this Part, the income paid to, or inrespect of, and capital of, a child or young person who is a member of the claimant’sfamily shall not be treated as the income or capital of the claimant.�

(3) �6Subject to paragraph (5)� where a claimant or the partner of a claimant ismarried polygamously to two or more members of his household–

(a) the claimant shall be treated as possessing capital and income belonging toeach such member �5�; and

6Words in reg. 23(3)inserted by reg. 6(b) ofS.I. 1988/1228 as from12.9 .88 .

Regs. 22A-23

4Reg. 22B omitted byreg. 4(6) of S.I. 2013/2536 as from 29.10.13.

1Reg. 22A(1)(b) omittedby reg. 2(1) of, & para.7 of Sch. to, S.I. 2001/3767 as from 8.4.02.



Regs. 23-24

6.2657

4Words substituted inreg. 23(4), (4)(a) &(4)(b) by reg. 14(4) ofS.I. 1996/206 as from7.10 .96 .


(b) the income and capital of that member �1� shall be calculated in accordancewith the following provisions of this Part in like manner as for the claimant�1�.

Reg. 23(1)-(5) is reproduced below as it was before the amdt. by S.I.2003/455 was implemeneted. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

23.—(1) �2Subject to paragraphs (2) and (4) and to regulation 44(modifications in respect of children and young persons), theincome and capital of a claimant’s partner and� the income of achild or young person which by virtue of section 22(5) of the Actis to be treated as income and capital of the claimant, shall becalculated in accordance with the following provisions of thisPart in like manner as for the claimant; and any reference to the“claimant” shall, except where the context otherwise requires,be construed, for the purposes of this Part, as if it were a referenceto his partner or that child or young person.

(2)Regulations 36(2) and 38(2), so far as they relate to paragraphs1 to 10 of Schedule 8 (earnings to be disregarded) and regulation41(1) (capital treated as income) shall not apply to a child oryoung person.

(3)�2Subject to paragraph (5)� where a claimant or the partnerof a claimant is married polygamously to two or more membersof his household–

(a) the claimant shall be treated as possessing capital andincome belonging to each such member and the incomeof any child or young person who is one of that member’sfamily; and

(b) the income and capital of that member or, as the casemay be, the income of that child or young person shall becalculated in accordance with the following provisionsof this Part in like manner as for the claimant or, as thecase may be, as for any child or young person who is amember of his family.

�3(4) Where at least one member of a couple is aged less than 18 and the applicableamount of the couple falls to be determined under �4paragraph 1(3)(b), (c), (f) or (g)�of Schedule 2 (applicable amounts), the income of the claimant’s partner shall not betreated as the income of the claimant to the extent that–

(a) in the case of a couple where both members are aged less than 18, the amountspecified in paragraph (1)(3)(a) of that Schedule exceeds the amount specifiedin �4paragraph 1(3)(c)� of that Schedule; and

(b) in the case of a couple where only one member is aged less than 18, theamount specified in paragraph 1(3)(d) of that Schedule exceeds the amountwhich applies in that case which is specified in �4paragraph 1(3)(f) or (g)� ofthat Schedule.

(5) Where a member of a polygamous marriage is a partner aged less than 18 and theamount which applies in respect of him under regulation 18(2) (polygamous marriages)is nil, the claimant shall not be treated as possessing the income of that partner to theextent that an amount in respect of him would have been included in the applicableamount if he had fallen within the circumstances set out in regulation 18(2)(a) or (b).�

�5Income of participants in the self-employment route �6�

23A. Chapters II, III, IV, V, VII and VIIA of this Part and regulations 62 to 66A, 68and 69 shall not apply to any income which is to be calculated in accordance withChapter IVA of this Part (participants in the self-employment route �6�).�

[Regulation 24 (treatment of charitable or voluntary payments) deleted byregulation 5 of S.I. 1988/2022 as from 12.12.88.]

3Paras. (4) & (5)inserted by reg. 6 of S.I.1988/1228 as from12.9 .88 .

5Reg. 23A inserted byreg. 6(2) of S.I. 1998/1174 as from 1.6.98.6Words omitted in thetitle to, and in reg. 23Aitself, by reg. 5(1) ofS.I. 2000/2910 as from27 .11 .00 .

2Words in reg. 23(1)substituted & (3) insertedby reg. 6 of S.I. 1988/1228 as from 12.9.88.

1Words omitted in reg.23(3)(b) by para. 6 ofSch. 1 to S.I. 2003/455.


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Regs. 25-29

6.2658

6Reg. 28(2) substitutedby reg. 7 of S.I. 1991/1559 as from 7.10.91.

7Words deleted in reg.29(1) by reg. 7(a) ofS.I. 1988/2022 as from12 .12 .88 .

8Words in reg. 29(2)substituted by reg.5(1)(a) of S.I. 1997/65as from 7.4.97, or thefirst day of the benefitweek on or after thatdate, whichever is thelater.

10Words inserted andsubstituted in reg.29(2)(b) by reg. 10 of S.I.1990/547 as from 9.4.90.


�1�Liable relative payments

25. Regulations 29 to �242�, 46 to 52 and Chapter VIII of this Part shall not applyto any payment which is to be calculated in accordance with Chapter VII thereof(�3�1� liable relative payments�).

Reg. 25 is reproduced below as it was before the amdt. by S.I. 2003/455was implemented. See reg. 1 of that S.I. at page 6.7203 for details ofwhen to apply this version.

25. Regulations 19 to 44, 46 to 52 and Chapter VIII of this Partshall not apply to any payment which is to be calculated inaccordance with Chapter VII thereof (liable relatives).

��3�

Calculation of income and capital of students

26. The provisions of Chapters II to VI of this Part (income and capital) shall �4haveeffect in relation to students and their partners subject to the modifications set out inChapter VIII thereof (students)�

�5Rounding of fractions

27. Where any calculation under this Part results in a fraction of a penny that fractionshall, if it would be to the claimant’s advantage, be treated as a penny, otherwise itshall be disregarded.�

CHAPTER II

INCOME

Calculation of income

28.—(1) For the purposes of section 20(3) of the Act (conditions of entitlement toincome support) the income of a claimant shall be calculated on a weekly basis–

(a) by determining in accordance with this Part, other than Chapter VI, the weeklyamount of his income; and

(b) by adding to that amount the weekly income calculated under regulation 53(calculation of tariff income from capital).

�6(2) For the purposes of paragraph (1) “income” includes capital treated as incomeunder regulation 41 (capital treated as income) and income which a claimant is treatedas possessing under regulation 42 (notional income).�

Calculation of earnings derived from employed earner’s employment and incomeother than earnings.

29.—(1) �7� Earnings derived from employment as an employed earner and incomewhich does not consist of earnings shall be taken into account over a period determinedin accordance with the following paragraphs and at a weekly amount determined inaccordance with regulation 32 (calculation of weekly amount of income).

(2) Subject to �8the following provisions of this regulation� the period over whicha payment is to be taken into account shall be–

�9(a) where the payment is monthly, a period equal to the number of weeks fromthe date on which the payment is treated as paid to the date immediatelybefore the date on which the next monthly payment would have been sotreated as paid whether or not the next monthly payment is actually paid;

(aa) where the payment is in respect of a period which is not monthly, a periodequal to the length of the period for which payment is made;�

(b) in any other case, a period equal to such number of weeks as is equal to thenumber obtained (and any fraction shall be treated as a corresponding fractionof a week) by dividing the net earnings, or in the case of income which doesnot consist of earnings, the amount of that income �10less any amount paidby way of tax on that income which is disregarded under paragraph 1 ofSchedule 9 (income other than earnings to be disregarded)� by the amount

9Reg. 29(2)(a)substituted by reg. 2(5)of S.I. 2008/698 asfrom 14.4.08.

5Reg. 27 substituted byreg. 13 of S.I. 1988/663as from 11.4.88.

4Words substituted inreg. 26 by reg. 2(a) ofS.I. 2000/721 as from29.3 .01 .

2Number substituted inreg. 25 by para. 7 ofSch. 1 to S.I. 2003/455as from 6.4.04.3Words substituted inreg. 25 & reg. 25Aomitted by reg. 2(3) ofS.I. 2008/2111 as from27 .10 .08 .

1Words omitted inheading to & in reg. 25by reg. 2(5) & (6) ofS.I. 2009/2655. See reg.2(6)(a) to this S.I. forthe relevantcommencement date.



of income support which would be payable had the payment not been madeplus an amount equal to the total of the sums which would fall to bedisregarded from that payment under Schedule 8 �1(earnings to bedisregarded) or, as the case may be, any paragraph of Schedule 9 other thanparagraph 1 of that Schedule,� as is appropriate in the claimant’s case,

and that period shall begin on the date on which the payment is treated as paid underregulation 31 (date on which income is treated as paid).

�2(2A) The period over which a Career Development Loan, which is paid pursuantto section 2 of the Employment and Training Act 1973, shall be taken into accountshall be the period of education and training intended to be supported by that loan.

(2B) Where grant income as defined in Chapter VIII of this Part has been paid to aperson who ceases to be a �3full-time student� before the end of the period in respectof which that income is payable and, as a consequence, the whole or part of thatincome falls to be repaid by that person, that income shall be taken into account overthe period beginning on the date on which that income is treated as paid underregulation 31 and ending–

(a) on the date on which repayment is made in full; or�4(aa) where the grant is paid in instalments, on the day before the next instalment

would have been paid had the claimant remained a �3full-time student�;or�

(b) on the last date of the academic term or vacation during which that personceased to be a �3full-time student�,

whichever shall first occur.�

�5(2C)(a) This paragraph applies where earnings are derived by a claimant as amember of a reserve force prescribed in Part 1 of Schedule 6 to the ContributionsRegulations–

(i) in respect of a period of annual continuous training for a maximum of 15days in any calendar year, or

(ii) in respect of training in the claimant’s first year of training as a memberof a reserve force for a maximum of 43 days in that year.

(b) Earnings, whether paid to the claimant alone or together with other earningsderived from the same source, are to be taken into account–(i) in the case of a period of training which lasts for the number of days

listed in column 1 of the table in sub-paragraph (c), over a period of timewhich is equal to the number of days set out in the corresponding row incolumn 2 of that table; or

(ii) in any other case, over a period which is equal to the number of days ofthe training period.

(c) This is the table referred to in sub-paragraph (b)(i)–

Column 1 Column 2Period of training in days Period of time over which earnings

are to be taken into account in days

8 to 10 715 to17 1422 to 24 2129 to 31 2836 to 38 3543 42�

�6(2D) The period over which earnings to which paragraph (2C) applies are to betaken into account shall begin on the date on which the payment is treated as paidunder regulation 31.�


Reg. 29

4Sub-para. (aa) insertedinto para. (2b) by reg.12 of S.I. 1998/563 asfrom 6.4.98.

3Words substituted inreg. 29(2B) by reg. 5(5)of S.I. 2000/1981 asfrom 31.7.00.

2Paras. (2A) and (2B)inserted into reg. 29 byreg. 5(1)(b) of S.I.1997/65 as from 7.4.97,or the first day of thebenefit week on or afterthat date, whichever isthe later.

1Words inserted andsubstituted in reg.29(2)(b) by reg. 10 ofS.I. 1990/547 as from9.4 .90 .

5Reg. 29(2C) substitutedby reg. 2(3) of S.I.2015/389 as from6.4 .15 .

6Reg. 29(2D) inserted byreg. 3 of S.I. 2012/2575as from 5.11.12.



6.2660

(3) Where earnings not of the same kind are derived from the same source and theperiods in respect of which those earnings would, but for this paragraph, fall to betaken into account–

(a) overlap, wholly or partly, those earnings shall be taken into account over aperiod equal to the aggregate length of those periods;

(b) and that period shall begin with the earliest date on which any part of thoseearnings would otherwise be treated as paid under regulation 31 (date onwhich income is treated as paid).

�1(4) In a case to which paragraph (3) applies, earnings under regulation 35 (earningsof employed earners) shall be taken into account in the following order of priority–

(a) earnings normally derived from the employment;(b) any payment to which paragraph (1)(b) or (c) of that regulation applies;

(c) any payment to which paragraph (1)(i) of that regulation applies;

(d) any payment to which paragraph (1)(d) of that regulation applies.�

�2(4A) Where earnings to which regulation 35(1)(b) to (d) (earnings of employedearners) applies are paid in respect of part of a day, those earnings shall be takeninto account over a period equal to a day.�

(4B) �1�3�

(4C) Any earnings to which regulation 35(1)(i)(ii) applies which are paid inrespect of or on the termination of part-time employment, shall be taken intoaccount over a period equal to one week.

(4D) In this regulation–

(a) “part-time employment” means employment in which a person is not to betreated as engaged in remunerative work under regulation 5 or �46(1) �5and(4)�� (persons treated, or not treated, as engaged in remunerative work);

(b) �6�

and for the purposes of this definition “period of notice” means the period of notice oftermination of employment to which a person is entitled by statute or by contract,whichever is the longer, or, if he is not entitled to such notice, the period of noticewhich is customary in the employment in question.�

(5) For the purposes of this regulation the claimant’s earnings and income whichdoes not consist of earnings shall be calculated in accordance with Chapters III and Vrespectively of this Part.

Calculation of earnings of self-employed earners

30.—(1) Except where paragraph (2) applies, where a claimant’s income consistsof earnings from employment as a self-employed earner the weekly amount of hisearnings shall be determined by reference to his average weekly earnings from thatemployment–

(a) over a period of �7one year�; or

(b) where the claimant has recently become engaged in that employment orthere has been a change which is likely to affect the normal pattern ofbusiness, over such other period �7� as may, in any particular case, enablethe weekly amount of his earnings to be determined more accurately.

(2) Where the claimant’s earnings consist of �6any items to which paragraph (2A)applies� those earnings shall be taken into account over a period equal to such numberof weeks as is equal to the number obtained (and any fraction shall be treated as acorresponding fraction of a week) by dividing the earnings by the amount of incomesupport which would be payable had the payment not been made plus an amountequal to the total of the sums which would fall to be disregarded from the paymentunder Schedule 8 (earnings to be disregarded) as is appropriate in the claimant’s case.


7Words substituted in,and words deleted fromreg. 30(1) by reg. 11 ofS.I. 1993/2119 as from4.10 .93 .

4Reference substituted inreg. 29(4D)(a) by reg.2(4) of S.I . 1999/2556as from 4.10.99.5Words inserted in reg.29(4D)(a) by reg. 2(c)of S.I. 2000/681 asfrom 3.4.00.6Reg. 29(4D)(b) omitted& words in reg. 30(2)substituted by regs.2(5)(b) & 2(6)(a) ofS.I. 2008/698 as from14.4 .08 .

1Reg. 29(4) substitutedand reg. 29(4B)–(4D)inserted by reg. 9 of S.I.1989/1323 as from9.10 .89 .

3Reg. 29(4B) omitted byreg. 2(5)(b) of S.I.2008/698 as from14.4 .08 .

2Reg. 29(4A) inserted byreg. 7(c) of S.I. 1988/2022 as from 12.12.88.



2Words in reg. 31(1)substituted by reg.2(4)(a) of S.I. 2008/2767 as from 17.11.08.

1Para. (2A) substitutedby reg. 2(6) of S.I.2009/583. See reg. 1(4)of this S.I. for thecommencement date.

3Words in reg. 31(1)substituted by reg.3(2)(a) of S.I. 2011/674as from 11.4.11.

�1(2A) This paragraph applies to–(a) royalties or other sums paid as a consideration for the use of, or the right to

use, any copyright, design, patent or trade mark; or

(b) any payment in respect of any–(i) book registered under the Public Lending Right Scheme 1982; or

(ii) work made under any international public lending right scheme that isanalogous to the Public Lending Right Scheme 1982,

where the claimant is the first owner of the copyright, design, patent or trade mark, oran original contributor to the book or work concerned.�

(3) For the purposes of this regulation the claimant’s earnings shall be calculatedin accordance with Chapter IV of this Part.

Date on which income is treated as paid

31.—(1) Except where paragraph �2(2) �3applies�� a payment of income to whichregulation 29 (calculation of earnings derived from employed earner’s employmentand income other than earnings) applies shall be treated as paid–

(a) in the case of a payment which is due to be paid before the first benefit weekpursuant to the claim, on the date on which it is due to be paid;

(b) in any other case, on the first day of the benefit week in which it is due to bepaid or the first succeeding benefit week in which it is practicable to take itinto account.

Regs. 30-31

Supplement No. 111 [June 2015] 6.2661



Supplement No. 111 [June 2015]6.2662 (–6.2674)




(2) Income support, �1jobseeker’s allowance�, �2maternity allowance,� �3short-term or long-term incapacity benefit�, �4severe disablement allowance� �5,employment and support allowance or universal credit� �3� shall be treated as paid�5on any day� of the benefit week in respect of which �6it is payable�.

The following regulation 31(2) continues to be reproduced as it ismaintained in force in certain circumstances. See Explanatory Note ofS.I. 2013/630 for when to apply.

(2) Income support, �1jobseeker ’s allowance�, �2maternityallowance,� �3short-term or long-term incapacity benefit�,�4severe disablement allowance or employment and supportallowance� �3� shall be treated as paid on the day of the benefitweek in respect of which �5it is payable�.

(3)-(4) �7�

Calculation of weekly amount of income

32.—(1) For the purposes of regulation 29 (calculation of earnings derived fromemployed earner’s employment and income other than earnings) �7�, subject to�8paragraphs (2) to (7)� �9�, where the period in respect of which payment �9ofincome or tax credit� is made–

(a) does not exceed a week, the weekly amount shall be the amount of thatpayment;

(b) exceeds a week, the weekly amount shall be determined–(i) in a case where that period is a month, by multiplying the amount of the

payment by 12 and dividing the product by 52;(ii) in a case where that period is three months, by multiplying the amount

of the payment by 4 and dividing the product by 52;�10(iii) in a case where that period is a year and the payment is an award of

working tax credit, by dividing the payment by the number of days inthe year and multiplying the result by 7;

(iiia) in a case where that period is a year and the payment is income otherthan an award of working tax credit, by dividing the amount of thepayment by 52;�

(iv) in any other case by multiplying the amount of the payment by 7 anddividing the product by the number equal to the number of days in theperiod in respect of which it is made.

(2) Where a payment for a period not exceeding a week is treated under regulation31(1)(a) (date on which income is treated as paid) as paid before the first benefit weekand a part is to be taken into account for some days only in that week (the relevantdays), the amount to be taken into account for the relevant days shall be calculated bymultiplying the amount of the payment by the number equal to the number of relevantdays and dividing the product by the number of days in the period in respect of whichit is made.

(3) Where a payment is in respect of a period equal to or in excess of a week and apart thereof is to be taken into account for some days only in a benefit week (therelevant days), the amount to be taken into account for the relevant days shall, exceptwhere paragraph (4) applies, be calculated by multiplying the amount of the paymentby the number equal to the number of relevant days and dividing the product by thenumber of days in the period in respect of which it is made.

(4) In the case of a payment of–

(a) �1�, �2maternity allowance,� �3short-term or long-term incapacity benefit�,or severe disablement allowance �3�, the amount to be taken into accountfor the relevant days shall be the amount of benefit �3payable� in respect ofthose days;

(b) income support �4, jobseeker’s allowance or employment and supportallowance�, the amount to be taken into account for the relevant days shallbe calculated by multiplying the weekly amount of the benefit by the numberof relevant days and dividing the product by seven.

1Words substituted andwords deleted in regs.31(2) & 32(4)(a) by regs.15 & 16 of S.I. 1996/206as from 7.10.96.

3Words substituted andwords deleted in regs.31(2) & 32(4)(a) byregs. 10 & 11 of S.I.1995/482 as from13.4 .95 .

6Words in reg. 31(2)substituted by reg. 14 ofS.I. 1988/663 as from1.4 .88 .

2Words inserted intoregs. 31(2) & 32(4)(a)by reg. 8 of S.I. 1988/1445 as from 12.9.88.

4Words inserted andwords substituted inregs. 31(2) & 32(4)(b)by reg. 2(5) & (6) ofS.I. 2008/1554 as from27 .10 .08 .

10Words in reg. 32(1) &paras. (1)(b)(iii) & (iiia)inserted & substitutedby reg. 2(5)(a) & (b) ofS.I. 2008/2767 as from17 .11 .08 .

8Reference in reg. 32(1)substituted by reg. 10(a)of S.I. 1989/1323 asfrom 9.10.89.9Words omitted in reg.32(1) by reg. 15 of S.I.1988/663 as from11.4 .88 .

6.2675

7Regs. 31(3)-(4) omittedand words in reg. 32(1)omitted by reg. 3(2)(b)and (3) of S.I. 2011/674as from 4.4.11.

5Words substituted in reg.31(2) by reg. 28(4) of S.I.2013/630 as from 29.4.13.



Regs. 32-34

6.2676

1Para. (6A) inserted intoreg. 32 by reg. 6(1) ofS.I. 1997/65 as from7.4.97, or the first dayof the benefit week onor after that date,whichever is the later.

3Reg. 32(7) added byreg. 10(b) of S.I. 1989/1323 as from 9.10.89.


2Words substituted inreg. 32(6A) by reg. 5(5)of S.I. 2000/1981 asfrom 31.7.00.

(5) Except in the case of a payment which it has not been practicable to treat underregulation 31(1)(b) as paid on the first day of the benefit week in which it is due to bepaid, where a payment of income from a particular source is or has been paid regularlyand that payment falls to be taken into account in the same benefit week as a paymentof the same kind and from the same source, the amount of that income to be taken intoaccount in any one benefit week shall not exceed the weekly amount determinedunder paragraph (1)(a) or (b), as the case may be, of the payment which under regulation31(1)(b) (date on which income is treated as paid) is treated as paid first.

(6) Where the amount of the claimant’s income fluctuates and has changed morethan once, or a claimant’s regular pattern of work is such that he does not work everyweek, the foregoing paragraphs may be modified so that the weekly amount of hisincome is determined by reference to his average weekly income–

(a) if there is a recognisable cycle of work, over the period of one completecycle (including, where the cycle involves periods in which the claimantdoes no work, those periods but disregarding any other absences);

(b) in any other case, over a period of five weeks or such other period as may, inthe particular case, enable the claimant’s average weekly income to bedetermined more accurately.

�1(6A) Where income is taken into account under paragraph (2B) of regulation 29over the period specified in that paragraph, the amount of that income to be taken intoaccount in respect of any week in that period shall be an amount equal to the amountof that income which would have been taken into account under regulation 62 had theperson to whom that income was paid not ceased to be a �2full-time student�.�

�3(7) Where any payment of earnings is taken into account under paragraph (4C) ofregulation 29 (calculation of earnings derived from employed earner’s employmentand income other than earnings), over the period specified in that paragraph, theamount to be taken into account shall be equal to the amount of the payment.�

[Regulation 33 (weekly amount of charitable or voluntary payment) deleted byregulation 8 of S.I. 1988/2022 as from 12.12.88.]

[Regulation 34 (incomplete weeks of benefit) deleted by regulation 16 of S.I.1988/663 as from 11.4.88.]



Reg. 35

6.2677

1Words substituted inreg. 35(1), deleted inpara. (1)(c) & added inpara. (1)(i) by reg.11(a)(i)-(iii) of S.I.1989/1323 as from9.10 .89 .

(a ) S.I. 2001/1004.

5Reg. 35(j) inserted &words in reg. 35(2)(a)inserted by regs. 2(5) &5(b) of S.I . 1999/1509as from 1.7.99.


CHAPTER III

EMPLOYED EARNERS

Earnings of employed earners

35.—(1) �1Subject to paragraphs (2) and (3),� “earnings” means in the case ofemployment as an employed earner, any remuneration or profit derived fromthat employment and includes–

(a) any bonus or commission;(b) any payment in lieu of remuneration except any periodic sum paid to a

claimant on account of the termination of his employment by reason ofredundancy;

(c) any payment in lieu of notice �1�;(d) any holiday pay except any payable more than four weeks after the

termination or interruption of employment but this exception shall notapply to a claimant to whom �2section 23 of the Act (trade disputes)applies or in respect of whom section 20(3) of the Act (conditions ofentitlement to income support) has effect as modified by section 23A(b)of the Act (effect of return to work)�

(e) any payment by way of a retainer;(f) any payment made by the claimant’s employer in respect of expenses

not wholly, exclusively and necessarily incurred in the performance ofthe duties of the employment, including any payment made by theclaimant’s employer in respect of–(i) travelling expenses incurred by the claimant between his home and

place of employment;(ii) expenses incurred by the claimant under arrangements made for the

case of a member of his family owing to the claimant’s absence fromhome;

(g) any award of compensation made under section �3112(4) or 117(3)(a) of theEmployment Rights Act 1996 (the remedies: orders and compensation,enforcement of order and compensation)�;

�3(gg) any payment or remuneration made under section 28, 34, 64, 68 or 70 of theEmployment Rights Act 1996 (right to guarantee payments, remunerationon suspension on medical or maternity grounds, complaints to employmenttribunals);�

(h) any such sum as is referred to in section �3112(3) of the Contributions andBenefits Act� (certain sums to be earnings for social security purposes);

�1(i) where–�4��

(ii) a payment of compensation is made in respect of employment whichis part-time employment, the amount of the compensation.

�5(j) the amount of any payment by way of a non-cash voucher which has beentaken into account in the computation of a person’s earnings in accordancewith �6Part 5 of Schedule 3 to the Social Security (Contributions) Regulations2001(a).�

(1A) �4�

(2) “Earnings” shall not include–

(a) �5subject to paragraph (2A)� any payment in kind;

(b) any remuneration paid by or on behalf of an employer to the claimant�7in respect of a period throughout which the claimant is on maternityleave�8, paternity leave�9, adoption leave or shared parental leave�� or isabsent from work because he is ill�;

(c) any payment in respect of expenses wholly, exclusively and necessarilyincurred in the performance of the duties of the employment;

(d) any occupation pension

6Words in reg. 35(1)(j)substituted by reg. 5(3)of S.I. 2006/2378 asfrom 2.10.06.

2Words in reg. 35(1)(d)substituted by reg. 17 ofS.I. 1988/663 as from11.4 .88 .

3Words in reg. 35(1)(g)and (h) substituted &(gg) inserted by reg.5(6)(a)(i)-(iii) of S.I.2007/2618 as from1.10 .07 .

4Reg. 35(1)(i) & para.(1A) omitted by reg.2(7) of S.I. 2008/698 asfrom 14.4.08.

7Words in reg. 35(2)(b)substituted by reg. 12 ofS.I. 1993/2119 as from4.10 .93 .8Words inserted in reg.35(2)(b) by reg. 2(4) ofS.I. 2002/2689 as from8.12 .02 .9Words in reg. 35(2)(b)substituted by art. 5(4)of S.I. 2014/3255 asfrom 31.12.14.



6.2678 (–6.2702)

1Reg. 35(2)(e) inserted& word substituted inpara. 3(a)(ii) by reg.7(a) & (b) of S.I. 1997/454 as from 7.4.97.

7Head (v) added to reg.35(3)(a) by art. 2 of S.I.1990/774 as from1.4 .90 .

(a ) The Scheme is set out in regulation 4 of and the Schedule to, the European Communities(Iron and Steel Employees Re-adaptation Benefits Scheme) (No. 2) (Amendment)Regulations 1996 (S.I. 1996/3812).

(b) 1975 c. 60.


4Sub-para (2A) insertedby reg. 5(c) of S.I.1999/1509 as from1.7 .99 .

9Reference substituted inreg. 35(3)(c) by reg.2(4) of S.I . 1999/2556as from 4.10.99.


10Words inserted in reg.35(3)(c) by reg. 2(c) ofS.I. 2000/681 as from3.4 .00 .

�1(e) any lump sum payment made under the Iron and Steel Re-adaption BenefitsScheme(a)�.

�2(f) any payment in respect of expenses arising out of the �3claimant participatingas a service user.��

�4(2A) Paragraph (2)(a) shall not apply in respect of any non-cash voucher referredto in paragraph (1)(j).�

�5(3) In this regulation–

(a) “compensation” means any payment made in respect of or on thetermination of employment in a case where a person has not received orreceived only part of a payment in lieu of notice due or which wouldhave been due to him had he not waived his right to receive it, otherthan–

(i) any payment specified in paragraph (1)(a) to (h);

(ii) any payment specified in paragraph (2)(a) to �1(e)�;(iii) any redundancy payment within the meaning of section �6135(1) of the

Employment Rights Act 1996�, and

(iv) any refund of contributions to which that person was entitled underan occupation pension scheme within the meaning of section 66(1)of the Social Security Persons Act 1975(b);

�7(v) any compensation payable by virtue of section 173 or section 178(3)or (4) of the Education Reform Act 1988;�

(b) �8�

Para. 8(1)(c) was repealed and re-enacted (22.8.96) in s. 227(1) of Employment RightsAct 1996 (c. 18).

(c) “part-time employment” means employment in which a person is not tobe treated as engaged in remunerative work under regulation 5 or �96(1)�10and (4)�� (persons treated, or not treated, as engaged in remunerativework).�

Calculation of net earnings of employed earners

36.—(1) For the purposes of regulation 29 (calculation of earnings ofemployed earners) the earnings of a claimant derived from employment as anemployed earner to be taken into account shall, subject to paragraph (2), be hisnet earnings.

6Words substituted inpara. (3)(a)(iii) by reg.5(6)(b) and (c) of S.I.2007/2618 as from1.10 .07 .

8Reg. 35(3)(b) omittedby reg. 2(7) of S.I.2008/698 as from14.4 .08 .

2Reg. 35(2)(f) insertedby reg. 2(7) of S.I.2009/2655 on or after26.10.09 subject to reg.1 ibid.3Words in reg. 35(2)(f)substituted by reg. 2(3)of S.I. 2014/591 asfrom 28.4.14.



6.2703

2Words inserted into reg.36(3)(b) by reg. 26 ofS.I. 1994/2139 as from3.10 .94 .

(a ) See sections 1(2) and 4 of the Social Security Act 1975 (c. 14); section 1 was amended bythe Employment Protection Act 1975 (c. 71), section 40, the Social Security (MiscellaneousProvisions) Act 1977 (c. 5), section 24 and Schedule 2, the Social Security (Contributions)Act 1982 (c. 2) section 2, the Social Security Act 1985 (c. 53) section 29 and Schedule 5,paragraph 5, the Social Security Act 1986 (c. 50), section 86 and Schedule 11 and S.I. 1987/48; section 4 was amended by the Social Security Pensions Act 1975 (c. 60), Schedule 4,paragraph 36, the Education (School Leaving Dates) Act 1976 (c. 5), section 2(4), the SocialSecurity Act 1979 (c. 18), section 14(1), the Social Security and Housing Benefits Act 1982(c. 24), Schedule 5, the Social Security Act 1985 (c. 53) sections 7(1) and (2) and 8(1) theSocial Security Act 1986 (c. 50) sections 74(1)(a) and (2) and 86 and Schedule 10,paragraph 104, article 2 of S.I. 1986/25 and article 2 of S.I. 1987/46.


1Words in reg. 36(2)substituted by reg. 2(b)of S.I. 2003/1589 asfrom 25.10.04.

(2) There shall be disregarded from a claimant’s net earnings, any sum, whereapplicable, specified in paragraphs 1 to 13 �1or 15A� of Schedule 8.

(3) For the purposes of paragraph (1) net earnings shall be calculated by taking intoaccount the gross earnings of the claimant from that employment less–

(a) any amount deducted from those earnings by way of–

(i) income tax;(ii) primary Class 1 contributions under the Social Security Act(a); and

(b) one-half of any sum paid by the claimant �2in respect of a pay period� byway of a contribution towards an occupational or personal pension scheme.



Regs. 37-38

6.2704

1Words inserted into reg.37(1) by art. 2 of, andSch. to, S.I. 1991/387as from 1.4.91.2Reg. 37(2) substitutedby reg. 16 of S.I. 1992/2155 as from 5.10.92.

3Reg. 37(2)(b)substitutedby reg. 27 of S.I.1994/2139 as from3.10 .94 .

6Words in reg. 38(1)(b)(ii)substituted by reg. 13(2)of S.I. 1993/2119 as from4.10.93.

(a ) 1973 c. 50; section 2 was amended by section S. 9 and 11 and Schedule 2 Part II paragraph9 and Schedule 3 of the Employment and Training Act 1981 (c. 57).

(b) 1990 c. 35.(c) 2014 asp. 8.(d) S.I. 1975/529.


5Sub-para. (c) insertedby reg. 6(3) of S.I.1999/2165 as from23.8 .99 .

9Words in reg. 38(2)omitted by reg. 2(c) ofS.I. 2003/1589 as from25 .10 .04 .

CHAPTER IV

SELF-EMPLOYED EARNERS

Earnings of self-employed earners

37.—(1) Subject to paragraph (2) “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include anyallowance paid under section 2 of the Employment and Training Act 1973(a) �1orsection 2 of the Enterprise and New Towns (Scotland) Act 1990�(b) to the claimant forthe purpose of assisting him in carrying on his business.

�2(2) “Earnings” shall not include–(a) where a claimant is involved in providing board and lodging accommodation

for which a charge is payable, any payment by way of such a charge;�3(b) any payment to which paragraph �426, 27 or 27A� of Schedule 9 refers

(payments in respect of a person accommodated with the claimant under anarrangement made by a local authority or voluntary organisation �4,payments� made to the claimant by a health authority, local authority orvoluntary organisation in respect of persons temporarily in the claimant’scare �4and any payments made to a claimant under section 73(1)(b) of theChildren and Young People (Scotland) Act 2014(c) (kinship careassistance)).��

�4(ba) any payment made in accordance with section 26A of the Children (Scotland)Act 1995 (duty to provide continuing care)–(i) to a claimant; or

(ii) where paragraph (3) applies, to another person (“A”) which A passes onto the claimant;�

�5(c) any sports award.�

�4(3) This paragraph applies only where A–(a) was formerly in the claimant’s care;(b) is aged 16 or over; and(c) continues to live with the claimant.�

Calculation of net profit of self-employed earners

38.—(1) For the purposes of regulation 30 (calculation of earnings of self-employedearners), the earnings of a claimant to be taken into account shall be–

(a) in the case of a self-employed earner who is engaged in employment on hisown account, the net profit derived from that employment;

(b) in the case of a self-employed earner whose employment is carried on inpartnership or is that of a share fisherman within the meaning of the SocialSecurity (Mariners’ Benefits) Regulation 1975(d), his share of the net profitderived from that employment less–(i) an amount in respect of income tax and of social security contributions

payable under the Social Security Act calculated in accordance withregulation 39 (deduction of tax and contributions for self-employedearners); and

(ii) �6one half of any premium paid �7in the period that is relevant underregulation 30� in respect of �8� a personal pension scheme�.

(2) There shall be disregarded from a claimant’s net profit any sum, where applicable,specified in paragraphs 1 to 13 �9� of Schedule 8.

8Words omitted in reg.38(1)(b)(ii) by reg. 2(3)of S.I. 2007/1749 asfrom 16.7.07.

4Words substituted,words & reg. 37(2)(ba)& (3) inserted in reg. 37by regs. 2(2) & 10(3) ofS.I. 2017/995 as from7.11 .17 .

7Words inserted into reg.38(1)(b)(ii) by reg. 28of S.I. 1994/2139 asfrom 3.10.94.



6.2705

1Words in reg. 38(3)(c)substituted by reg.13(2) of S.I. 1993/2119as from 4.10.93.2Words inserted into reg.38(3)(c) by reg. 28 ofS.I. 1994/2139 as from3.10 .94 .


4Words substituted inreg. 38(7) by para. 2(a)of Sch. 5 to S.I. 1999/3178 as from 29.11.99.

(3) For the purposes of paragraph (1)(a) the net profit of the employment shall,except where paragraph (9) applies, be calculated by taking into account the earningsof the employment over the period determined under regulation 30 (calculation ofearnings of self-employed earners) less–

(a) subject to paragraphs (5) to (7), any expenses wholly and exclusively defrayedin that period for the purposes of that employment;

(b) an amount in respect of–(i) income tax; and

(ii) social security contributions payable under the Social Security Act.

calculated in accordance with regulation 39 (deduction of tax andcontributions for self-employed earners); and

(c) �1one half of any premium paid �2in the period that is relevant underregulation 30� in respect of �3� a personal pension scheme�.

(4) For the purposes of paragraph (1)(b), the net profit of the employment shall becalculated by taking into account the earnings of the employment over the perioddetermined under regulation 30 less, subject to paragraphs (5) to (7), any expenseswholly and exclusively defrayed in that period for the purposes of that employment.

(5) Subject to paragraph (6), no deduction shall be made under paragraph (3)(a) or(4) in respect of–

(a) any capital expenditure;(b) the depreciation of any capital asset;

(c) any sum employed or intended to be employed in the setting up or expansionof the employment;

(d) any loss incurred before the beginning of the period determined underregulation 30 (calculation of earnings of self-employed earners);

(e) the repayment of capital on any loan taken out for the purposes of theemployment;

(f) any expenses incurred in providing business entertainment.

(6) A deduction shall be made under paragraph (3)(a) or (4) in respect of therepayment of capital on any loan used for–

(a) the replacement in the course of business of equipment or machinery; and

(b) the repair of an existing business asset except to the extent that any sum ispayable under an insurance policy for its repair.

(7) �4The Secretary of State� shall refuse to make a deduction in respect of anyexpenses under paragraph (3)(a) or (4) where he is not satisfied that the expense hasbeen defrayed or, having regard to the nature of the expense and its amount, that it hasbeen reasonably incurred.

(8) For the avoidance of doubt–(a) a deduction shall not be made under paragraph (3)(a) or (4) in respect of any

sum unless it has been expended for the purposes of the business;

(b) a deduction shall be made thereunder in respect of–(i) the excess of any VAT paid over VAT received in the period determined

under regulation 30 (calculation of earnings of self-employed earners);

(ii) any income expended in the repair of an existing asset except to theextent that any sum is payable under an insurance policy for its repair;

(iii) any payment of interest on a loan taken out for the purposes of theemployment.

(9) Where a claimant is engaged in employment as a child minder the net profit ofthe employment shall be one-third of the earnings of that employment, less–

(a) an amount in respect of–

(i) income tax; and

3Words omitted in reg.38(3)(c) by reg. 2(2) ofS.I. 2007/1749 as from16.7 .07 .



6.2706

1Words in reg. 38(9)(b)substituted by reg.13(2) of S.I. 1993/2119as from 4.10.93.

4Reg. 38(12) deleted byreg. 6(3) of S.I.1995/2303 as from3.10 .95 .

5Words substituted andwords inserted in reg.39(1) by reg. 17 of S.I.1992/2155 as from5.10 .92 .

9Words deleted from reg.39(1) by reg. 29 of S.I.1994/2139 as from3.10 .94 .10Sub-paras. (a) & (b) ofreg. 39(2) substitutedby reg. 14 of S.I. 1993/2119 as from 4.10.93.

(a ) 2007 c. 3. Chapter 3A was inserted by section 11(2) of the Finance Act 2014 (c. 26).


3Words substituted inreg. 38(10) by para.2(b) of Sch. 5 to S.I.1999/3178 as from29 .11 .99 .

(ii) social security contributions payable under the Social Security Act,calculated in accordance with regulation 39 (deduction of tax andcontributions for self-employed earners); and

(b) �1one half of any premium paid in respect of �2� a personal pension scheme�.

(10) Notwithstanding regulation 30 (calculation of earnings of self-employedearners) and the foregoing paragraphs, �3the Secretary of State� may assess any itemof a claimant’s income or expenditure over a period other than that determined underregulation 30 as may, in the particular case, enable the weekly amount of that item ofincome or expenditure to be determined more accurately.

(11) For the avoidance of doubt where a claimant is engaged in employment as aself-employed earner and he is engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shallnot be offset against his earnings in any other of his employments.

(12) �4�

Deduction of tax and contributions for self-employed earners

39.—(1) The amount to be deducted in respect of income tax under regulation38(1)(b)(i), (3)(b)(i) or (9)(a)(i) (calculation of net profit of self-employed earners)shall be calculated on the basis of the amount of chargeable income and as if thatincome were assessable to income tax at �5�6� the basic rate�7, or in the case of aScottish taxpayer, the Scottish basic rate,� of tax� less only the �7personal reliefs towhich the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income TaxAct 2007(a) as are� appropriate to his circumstances; but, if the period determinedunder regulation 30 (calculation of earnings of self-employed earners) is less than ayear, �5the earnings to which the �8�6basic� rate��7, or the Scottish basic rate,� �9�of tax is to be applied and� the amount of the personal relief deductable under thisparagraph shall be calculated on a pro rata basis.

(2) The amount to be deducted in respect of social security contributions underregulations 38(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) shall be the total of–

�10(a) the amount of Class 2 contributions payable under section �1111(2)� or, asthe case may be, �1111(8)� of the Contributions and Benefits Act at the rateapplicable at the date of claim except where the claimant’s chargeable incomeis less than the amount specified in section 11(4) of that Act (�11small profitsthreshold�) for the tax year in which the date of claim falls; but if theassessment period is less than a year, the amount specified for that tax yearshall be reduced pro rata; and

(b) the amount of Class 4 contributions (if any) which would be payable undersection 15 of that Act (Class 4 contributions recoverable under the IncomeTax Acts) at the chargeable income as exceed the lower limit but does notexceed the upper limit of profits and gains applicable for the tax year inwhich the date of claim falls; but if the assessment period is less than a year,those limits shall be reduced pro rata.�

2Words omitted in reg.38(9)(b) by reg. 2(3) ofS.I. 2007/1749 as from16.7 .07 .

7Words in reg. 39(1)inserted & substitutedby reg. 2(3)(a)-(d) ofS.I. 2016/233 as from6.4 .16 .

6Words omitted andwords substituted in reg.39(1) by reg. 2(7)(a) &(b) of S.I. 2009/583 asfrom 6.4.09.

Regs. 38-39

8Words substituted inreg. 39(1) by reg. 5(7)of S.I. 2007/2618 asfrom 1.10.07.

11Words in reg. 39(2)(a)substituted by reg.27(a)-(c) of S.I. 2015/478 as from 6.4.15.



Regs. 39-39C


1Chapter IVA (regs.39A-39D) inserted byreg. 6(3) of S.I. 1998/1174 as from 1.6.98.2Words omitted in reg.39C(1)(a) and in thetitles to Chapter IVAand regs. 39B and 39Cdefn. of “self-employment route”omitted in reg. 39A, byreg. 5 of S.I. 2000/2910as from 27.11.00.

(3) In this regulation “chargeable income” means–

(a) except where sub-paragraph (b) applies, the earnings derived from theemployment less any expenses deducted under paragraph (3)(a) or, asthe case may be, (4) of regulation 38;

(b) in the case of employment as a child minder, one-third of the earningsof that employment.

�1CHAPTER IVA

PARTICIPANTS IN THE SELF-EMPLOYMENT ROUTE �2�

Interpretation

39A. In this Chapter–�2�

“special account ” means, where a person was carrying on a commercial activityin respect of which assistance is received under the self-employed route, the accountinto which the gross receipts from that activity were payable during the period inrespect of which such assistance was received.

Treatment of gross receipts of participants in the self-employment route �2�

39B. The gross receipts of a commercial activity carried on by a person in respectof which assistance is received under the self-employment route, shall be taken intoaccount in accordance with the following provisions of this Chapter.

Calculation of income of participants in the self-employment route �2�

39C.—(1) The income of a person who has received assistance under theself-employment route shall be calculated by taking into account the whole of themonies in the special account at the end of the last day upon which such assistancewas received and deducting from those monies–

(a) an amount in respect of income tax calculated in accordance with regulation39D (deduction in respect of tax for participants in the self-employmentroute ��2��); and

(b) any sum to which paragraph (4) refers.

(2) Income calculated pursuant to paragraph (1) shall be apportioned equally overa period which starts on the date the income is treated as paid under paragraph (3) andis equal in length to the period beginning with the day upon which assistance was firstreceived under the self-employment route and ending on the last day upon which suchassistance was received.

(3) Income calculated pursuant to paragraph (1) shall be treated as paid–(a) in the case where it is due to be paid before the first benefit week in respect

of which the participant or his partner first claims income support followingthe last day upon which assistance was received under the self-employmentroute, on the day in the week in which it is due to be paid which correspondsto the first day of the benefit week;

(b) in any other case, on the first day of the benefit week in which it is due to bepaid.

(4) This paragraph refers, where applicable in each benefit week in respect of whichincome calculated pursuant to paragraph (1) is taken into account pursuant toparagraphs (2) and (3), to the sums which would have been disregarded under paragraphs4 to 6B and 9 of Schedule 8 had the income been earnings.


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Regs. 39D-40

6.2708

6Ref. in reg. 40(1)substituted by reg.13(1) of S.I . 1998/563as from 6.4.98.


(a ) The benefit Acts are specified in section 84(1) of the Social Security Act 1986 (c. 50).

1Words omitted in thetitle to reg. 39D and inreg. 39D(1) by reg. 5 ofS.I. 2000/2910 as from27 .11 .00 .

10Para. (3A) substitutedby reg. 5(1) of S.I.2001/2319 as from1.8 .01 .

Deduction in respect of tax for participants in the self-employment route �1�

39D.—(1) The amount to be deducted in respect of income tax under regulation39C(1)(a) (calculation of income of participants in the self-employment route �1�) inrespect of the period determined under regulation 39C(2) shall be calculated as–

(a) the chargeable income is the only income chargeable to tax;�2(b) the personal reliefs applicable to the person receiving assistance under the

self-employment route under Chapters 2, 3 and 3A of Part 3 of the IncomeTax Act 2007 are allowable against that income;� and

(c) the rate at which the chargeable income less the personal �2reliefs� isassessable to income tax is �3� the basic rate�2, or in the case of a Scottishtaxpayer, the Scottish basic rate,� of tax.

(2) For the purpose of paragraph (1), the �4�3basic� rate��2, or the Scottish basicrate,� of tax to be applied and the amount of the �2personal reliefs� deductible shall,where the period determined under regulation 39C(2) is less than a year, be calculatedon a pro rata basis.

(3) In this regulation, “chargeable income” means the monies in the special accountat the end of the last day upon which assistance was received under the self-employmentroute.�

CHAPTER V

OTHER INCOME

Calculation of income other than earnings

40.—(1) For the purposes of regulation 29 (calculation of income other thanearnings) �5� the income of a claimant which does not consist of earnings to be takeninto account shall, subject to �6paragraphs (2) to (3B)�, be his gross income andany capital treated as income under �7regulation 41 (capital treated as income)�

Reg. 40 is reproduced below as it was before the amdt. by S.I. 2003/455was implemented. See reg. 1 of that S.I. at page 6.7203 for details ofwhen to apply this version.

40.—(1) For the purposes of regulation 29 (calculation of incomeother than earnings) the income of a claimant which does notconsist of earnings to be taken into account shall, subject to�8paragraphs (2) to (3B)�, be his gross income and any capitaltreated as income under regulations �9� 41 and 44 (�9� capitaltreated as income and modifications in respect of children andyoung persons).

(2) There shall be disregarded from the calculation of a claimant’s grossincome under paragraph (1), any sum, where applicable, specified in Schedule 9.

(3) Where the payment of any benefit under the benefit Acts(a) is subject toany deduction by way of recovery the amount to be taken into account underparagraph (1) shall be the gross amount payable.

�10(3A) �11Paragraphs (3AA) and (3AAA) apply� where–

(a) a relevant payment has been made to a person in an academic year; and

(b) that person abandons, or is dismissed from, his course of study before thepayment to him of the final instalment of the relevant payment.

8Words substituted in reg.40(1) by para. 8 of Sch. 1to S.I. 2003/455 as from6.4.04.

7Words substituted inreg. 40(1) by para. 8 ofSch. 1 to S.I. 2003/455as from 6.4.04.

9Words deleted from reg.40(1) by reg. 9 of S.I.1988/2022 as from12.12.88.

2Reg. 39D(1)(b)substituted & words inpara. (1)(c) & (2)substituted & insertedby reg. 2(4)(a)-(c) ofS.I. 2016/233 as from6.4 .16 .

4Words substituted inreg. 39D(2) by reg. 5(8)of S.I. 2007/2618 asfrom 1.10.07.

11Words substituted inreg. 40(3A) by reg.2(2)(a) of S.I. 2008/1599 as from 1.9.08 (orduring August 2008 ifreg. 1(3)(a) (ibid)applies).

3Words omitted & wordssubstituted in reg.39D(1)(c) & (2) by reg.2(8) of S.I. 2009/583 asfrom 6.4.09.

5Words in reg. 40(1)omitted by reg. 3(4) ofS.I. 2011/674 as from11.4 .11 .




(3AA) �1Where a relevant payment is made quarterly, the� amount of a relevantpayment to be taken into account for the assessment period for the purposes of paragraph(1) in respect of a person to whom paragraph (3A) applies, shall be calculated byapplying the formula–

A – (B x C)D

where–

A = the total amount of the relevant payment which that person would have receivedhad he remained a student until the last day of the academic term in which he abandoned,or was dismissed from, his course, less any deduction under regulation 66A(5);

B = the number of benefit weeks from the benefit week immediately following thatwhich includes the first day of that academic year to the benefit week immediatelybefore that which includes the day on which the person abandoned, or was dismissedfrom, his course;

C = the weekly amount of the relevant payment, before the application of the £10disregard, which would have been taken into account as income under regulation66A(2) had the person not abandoned or been dismissed from, his course and, in thecase of a person who was not entitled to income support immediately before heabandoned or was dismissed from his course, had that person, at that time, been entitledto income support;

D = the number of benefit weeks in the assessment period.

�1(3AAA) Where a relevant payment is made by two or more instalments in a quarter,the amount of a relevant payment to be taken into account for the assessment periodfor the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies,shall be calculated by applying the formula in paragraph (3AA) but as if–

A = the total amount of relevant payments which that person received, or would havereceived, from the first day of the academic year to the day the person abandoned thecourse, or was dismissed from it, less any deduction under regulation 66A(5).�

(3AB) �1In this regulation�–

“academic year” and “student loan” shall have the same meanings as for thepurposes of Chapter VIII of this Part;�1“assessment period” means–

(a) in a case where a relevant payment is made quarterly, the period beginningwith the benefit week which includes the day on which the personabandoned, or was dismissed from, his course and ending with the benefitweek which includes the last day of the last quarter for which an instalmentof the relevant payment was payable to that person;

(b) in a case where the relevant payment is made by two or more instalmentsin a quarter, the period beginning with the benefit week which includesthe day on which the person abandoned, or was dismissed from, his courseand ending with the benefit week which includes–

(i) the day immediately before the day on which the next instalment ofthe relevant payment would have been due had the paymentscontinued; or

(ii) the last day of the last quarter for which an instalment of the relevantpayment was payable to that person,

whichever of those dates is earlier;�

�1“quarter” in relation to an assessment period means a period in that yearbeginning on–

(a) 1st January and ending on 31st March;

(b) 1st April and ending on 30th June;

1Words substituted inparas. (3AA) and (3AB),para. (3AAA) inserted,“assessment period”substituted and“quarter” inserted byregs. 2(2)(b)-(d) of S.I.2008/1599 as from1.9.08 (or duringAugust 2008 if reg.1(3)(a) (ibid) applies).



Regs. 40-41


7Reg. 41(1) substitutedby para. 3 of Sch. 5 toS.I. 1999/3178 as from29 .11 .99 .

8Words omitted in reg.41(1) by reg. 2(2) ofS.I. 2005/2465 as from10.4 .06 .

4Para. 40(5) added byreg. 3(6) of S.I. 2000/636 as from 3.4.00.

(c) 1st July and ending on 31st August; or

(d) 1st September and ending on 31st December;�“relevant payment” means either a student loan or an amount intended for themaintenance of dependants referred to in regulation 62(3B) or both.�

�1(3B) In the case of income to which regulation 29(2B) applies (calculation ofincome of former students), the amount of income to be taken into account for thepurposes of paragraph (1) shall be the amount of that income calculated in accordancewith regulation 32(6A) and on the basis that none of that income has been repaid.�

(4) �2Subject to paragraph (5)� for the avoidance of doubt there shall be includedas income to be taken into account under paragraph (1)–

�2(a) any payment to which regulation 35(2)(a) or 37(2) (payments not earnings)applies; or

(b) in the case of a claimant who is receiving support provided under section 95or 98 of the Immigration and Asylum Act including support provided byvirtue of regulations made under Schedule 9 to that Act, the amount of suchsupport provided in respect of essential living needs of the claimant and his�3partner� (if any) as is specified in regulations made under paragraph 3 ofSchedule 8 to the Immigration and Asylum Act;�

Reg. 40(4)(b) is reproduced below as it was before the amdt. by S.I.2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

(b) in the case of a claimant who is receiving support providedunder section 95 or 98 of the Immigration and Asylum Actincluding support provided by virtue of regulations madeunder Schedule 9 to that Act, the amount of such supportprovided in respect of essential living needs of theclaimant and his dependants (if any) as is specified inregulations made under paragraph 3 of Schedule 8 to theImmigration and Asylum Act;�

�4(5) In the case of a claimant who is the partner of a person subject to immigrationcontrol and whose partner is receiving support provided under section 95 or 98 of theImmigration and Asylum Act including support provided by virtue of regulationsmade under Schedule 9 to that Act, there shall not be included as income to be takeninto account under paragraph (1) the amount of support provided in respect of essentialliving needs of the partner of the claimant and his dependants (if any) as is specified inregulations made under paragraph 3 of Schedule 8 to the Immigration and AsylumAct.�

�5(6) Where the claimant–(a) is a member of a couple;(b) his partner is receiving a contributory employment and support allowance;

and(c) that benefit has been reduced under regulation 63 of the Employment and

Support Allowance Regulations, �6or section 11J of the Welfare Reform Act(b) as the case may be�.

the amount of that benefit to be taken into account is the amount as if it has not beenso reduced.�

Capital treated as income

41.—�7(1)Capital which is payable by instalments which are outstanding on–(a) the first day in respect of which income support is payable or the date of the

determination of the claim, whichever is earlier; or(b) in the case of supersession, the date of that supersession,

shall be treated as income if the aggregate of the instalments outstanding and theamount of the claimant’s capital otherwise calculated in accordance with Chapter VIof this Part exceeds �8� £16,000.�

1Para. (3B) inserted inreg. 40 by reg. 7(1) ofS.I. 1997/65 as from7.4.97, or the first dayof the benefit week onor after that date,whichever is the later.2Words inserted in reg.40(4) by reg. 3(6) ofS.I. 2000/636 as from3.4 .00 .

3Word substituted in reg.40(4)(b) by para. 8 ofSch. 1 to S.I. 2003/455as from 6.4.04.

(a ) Regulation 35(2) is amended by regulation 2(5) of S.I. 1999/1509.(b) Section 11J was inserted by section 57 of the Welfare Reform Act 2012 (c. 5).

5Reg. 40(6) added byreg. 2(7) of S.I. 2008/1554 as from 27.10.08.

6Words inserted in reg.40(6)(c) by reg. 28(5)of S.I. 2013/630 asfrom 29.4.13.


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Reg. 41-42


11Reg. 42(2)(c)substituted by reg. 17 ofS.I. 1996/206 as from7.10 .96 .

14Sub-paras. (e) and (f)inserted in reg. 42(2) byreg. 4 of S.I. 1992/468as from 6.4.92.

8Reg. 41(6) inserted byreg. 3(3)(e) of S.I.1997/65 as from7.4.97, or the first dayof the benefit week onor after that date,whichever is the later.

7Reg. 41(5) added byreg. 13 of S.I. 1989/1323 as from 9.10.89.

6Para. (4) added to reg.41 by reg. 9 of S.I.1988/1445 as from12.9 .88 .

15Words substituted inreg. 42(2)(e) and (f) bySch. 1 para. 10(b) & (c)of S.I. 2003/455 asfrom 7.4.03 or aftersubject to reg. 1(5)(a)ibid.

12Reg 42(2)(d) omitted bypara. 10(a) of Sch. 1 toS.I. 2003/455 as from6.4 .04

(2) Any payment received under an annuity shall be treated as income.

(3) �1�

This paragraph continues to be reproduced as it remains in force incertain cases. See reg. 1 of S.I. 2003/455 at page 6.7203 for details ofwhen to apply this version.

(3) In the case of a person to whom section 23 of the Act (tradedisputes) applies �2or in respect of whom section 20(3) of theAct (conditions of entitlement to income support) has effect asmodified by section 23A(b) of the Act (effect of return to work)�,any payment under �3�4section 17, 23B, 23C or 24A of the ChildrenAct 1989� or, as the case may be, �5section 12 of the Social Work(Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland)Act 1995� (local authorities’ duty to promote welfare of childrenand powers to grant financial assistance to persons in, orformerly in, their care) shall be treated as income�.

�6(4) In the case of a person to whom section 20(3) of the Act (conditions ofentitlement to income support) has effect as modified by section 23A(b) of thatAct (effect of return to work), any amount by way of repayment of income taxdeducted from his emoluments in pursuance of section 203 of the Income andCorporation Taxes Act 1988(a), shall be treated as income.�

�7(5) Any earnings to the extent that they are not a payment of income shall betreated as income.�

�8(6) Any Career Development Loan paid pursuant to section 2 of the Employmentand Training Act 1973 shall be treated as income.�

�9(7) Where an agreement or court order provides that payments shall be made tothe claimant in consequence of any personal injury to the claimant and that suchpayments are to be made, wholly or partly, by way of periodical payments, any suchperiodical payments received by the claimant (but not a payment which is treated ascapital by virtue of this Part), shall be treated as income.�

Notional income

42.—�10(1) A claimant is to be treated as possessing income of which the claimanthas deprived themselves for the purpose of securing entitlement to income support orincreasing the amount of that benefit, or for the purpose of securing entitlement to, orincreasing the amount of a jobseeker’s allowance or an employment and supportallowance.�

(2) Except in the case of–(a) discretionary trust;(b) a trust derived from a payment made in consequence of a personal

injury;�11(c) jobseeker’s allowance;�

(d) �12�


�13(d) child benefit to which paragraph (2D) refers;�

�14(e) �15working tax credit�;

(f) �15child tax credit��

9Para. (7) inserted intoreg. 41 by reg. 2(c) ofS.I. 2002/2442 as from28 .10 .02 .

1Reg. 41(3) omitted bypara. 9 of Sch. 1 to S.I.2003/455 as from6.4 .04 .

2Words in reg. 41(3)substituted by reg. 18 ofS.I. 1988/663 as from11.4.88.3Words in reg. 41(3)substituted by reg. 7 ofS.I. 1989/1034 as from10.7.89.4Words in reg. 41(3)substituted by Sch. 1,para. (c)(i), of S.I. 2001/3070 as from 1.10.01.

13Reg. 2(2)(d) substitutedby reg. 37(a) of S.I. 1996/1803 as from 7.4.97.

5Words substituted in reg.41(3) by reg. 5 of S.I.2004/1141 as from12.5.04.

(a ) 1988 c. 1.

10Reg. 42(1) substitutedby reg. 7(4) of S.I.2011/2425 as from31 .10 .11 .




�1(g) a personal pension scheme �2, occupational pension scheme� �3, �4� or apayment made by the Board of the Pension Protection Fund� where theclaimant �5has not attained the qualifying age for state pension credit��

�6(ga) any sum to which paragraph (8ZA) applies;�

(h) �7�

�8�9(i) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded)applies which is administered in the way referred to in paragraph 44(1)(a);�

(ia) any sum to which paragraph 45(a) of Schedule 10 refers; or��

�10(j) rehabilitation allowance made under section 2 of the Employment andTraining Act 1973(a).�

income which would become available to the claimant upon application being madebut which has not been acquired by him shall be treated as possessed by him but onlyfrom the date on which �11it could be expected to be acquired were an applicationmade�.

�2(2ZA)A claimant who has attained the �5qualifying age for state pension credit�shall be treated as possessing–

(a) the amount of any income from an occupational pension scheme, �3a personalpension scheme, �4� or the Board of the Pension Protection fund�–(i) for which no claim has been made, and

(ii) to which he might expect to be entitled if a claim for it were made;

(b) income from an occupational pension scheme which the claimant elected todefer,

but only from the date on which it could be expected to be acquired were an applicationfor it to be made.

�4(2A) This paragraph applies where a person �5who has attained the qualifyingage for state pension credit�–

(a) is entitled to money purchase benefits under an occupational pension schemeor a personal pension scheme;

(b) fails to purchase an annuity with the funds available in that scheme; and(c) either–

(i) defers in whole or in part the payment of any income which would havebeen payable to him by his pension fund holder, or

(ii) fails to take any necessary action to secure that the whole of any incomewhich would be payable to him by his pension fund holder upon hisapplying for it, is so paid, or

(iii) income withdrawal is not available to him under that scheme.

(2AA)Where paragraph (2A) applies, the amount of any income foregone shall betreated as possessed by that person, but only from the date on which it could beexpected to be acquired were an application for it to be made.�

�12(2B) The amount of any income foregone in a case �4where paragraph (2A)(c)(i)or (ii)� applies shall be the �13rate of the annuity which may have been purchasedwith the fund� and shall be determined by the �14Secretary of State� who shall takeaccount of information provided by the pension fund holder in accordance withregulation 7(5) of the Social Security (Claims and Payments) Regulations 1987(b).

(a ) 1973 c. 50 as amended by s. 25 of the Employment Act 1988 (c. 19).(b) Para. (5) is inserted in reg. 7 by reg. 10(3) of S.I. 1995/2303.

6.2712

1Sub-para. (g) added toreg. 42(2) by reg.6(4)(a) of S.I. 1995/2303 as from 2.10.95.

8Sub-para. (i) insertedin reg. 42(2) by reg.5(4) of S.I . 1997/2197as from 6.10.98.

10Sub-para. (j) insertedin reg. 42(2) by reg.6(1) of S.I. 1998/563as from 6.4.98.11Words in reg. 42(2)substituted by reg. 19(a)of S.I. 1988/663 asfrom 11.4.88.

7Reg. 42(2)(h) omittedby reg. 3(3)(a) of S.I.2005/574 as from4.4 .05 .

3Words substituted inreg. 42(2)(g) &(2ZA)(a) by reg.2(2)(a) & (b) of S.I.2006/588 as from6.4 .06 .

2Words inserted in reg.42(2)(g) & reg. 42(2A)substituted by reg.2(3)(a) & (b) of S.I.2005/2465 as from6.4 .06 .

9Reg. 42(2)(i) & (ia)substituted for (i) byreg. 2(3) of S.I. 2007/719 as from 2.4.07.

4In reg. 42 wordsomitted in (2)(g) &(2ZA)(a); (2A) &(2AA) substituted for(2A) & wordssubstituted in (2B) byreg. 2(6)(a)-(d) of S.I.2007/1749 as from16.7 .07 .

12Paras. (2B)–(2C)inserted in reg. 42 byreg. 6(4)(b) of S.I.1995/2303 as from2.10.95 for new cases,or for existingcases, from date ofreview specified in reg.1(5)(a)(i) ibid. but notlater than 1.10.98.

14Words substituted inreg. 42(2B) by para.4(a) of Sch. 5 to S.I.1999/3178 as from29 .11 .99 .

6Reg. 42(2)(ga)inserted by reg. 2(9)(a)of S.I. 2009/2655 onor after 26.10.09 &subject to reg. 1 ibid.

5Words substituted inreg. 42(2)(g), (2ZA) &(2A) by reg. 2(6)(a)-(c) of S.I. 2010/641 asfrom 1.4.10.

13Words substituted inreg. 42(2B) by reg. 4of S.I. 2017/1015 asfrom 16.11.17.



6.2713

Reg. 42


(2C) The amount of any income foregone in a case �1where paragraph (2A)(c)(iii)�applies shall be the income that the �2person� could have received without purchasingan annuity had the funds held under the �3relevant occupational or personal pensionscheme� �4� been held �3under a scheme� where income withdrawal was availableand shall be determined in the manner specified in paragraph (2B).�

�3(2CA) In paragraph (2A), “money purchase benefits” has the meaning it has inthe Pension Schemes Act 1993(a).�

(2D) �5�


�6(2D)This paragraph refers to child benefit payable in accordancewith regulation 2(1)(a)(ii) of the Child Benefit and Social Security(Fixing and Adjustment of Rates) Regulations 1976(b) (weeklyrate for only, elder or eldest child of a lone parent) but only to theextent that it exceeds the amount specified in regulation 2(1)(a)(i)of those Regulations.�

(3) Except in the case of a discretionary trust, or a trust derived from a paymentmade in consequence of a personal injury, any income which is due to be paid tothe claimant but–

(a) has not been paid to him;

(b) is not a payment prescribed in regulation �78 or 9� of the Social Security(Payments on Account, Overpayment and Recovery) Regulations�71988� (duplication and prescribed payments or maintenance pay-ments) and not made on or before the date prescribed in relation to it,

shall �8except for any amount to which paragraph (3A) �9, (3B) or (3C)� applies� betreated as possessed by the claimant.

�8(3A) This paragraph applies to an amount which is due to be paid to theclaimant under an occupational pension scheme but which is not paid becausethe trustees or managers of the scheme have suspended or ceased payments �10� dueto an insufficiency of resources.

(3B) This paragraph applies to any amount by which a payment is made to theclaimant from an occupational pension scheme falls short of the payment towhich he was due under the scheme where the shortfall arises because thetrustees or managers of the scheme have insufficient resources available to themto meet in full the scheme’s liabilities �10��

�9(3C) This paragraph applies to any earnings which are due to an employedearner on the termination of his employment by reason of redundancy but which havenot been paid to him.�

�11(4) �12Any payment of income, other than a payment of income specified inparagraph (4ZA).�

(a) to a third party in respect of a single claimant or �13his partner� (but not amember of the third party’s family) shall be treated–(i) in a case where that payment is derived from a payment of any

benefit under the benefits Acts, �14a payment from the Armed Forces andReserve Forces Compensation Scheme,� war disablement pension �15,

(a ) 1993 c. 48.(b) S.I. 1976/1267; relevant amending instruments are S.I. 1998/110, 1986/1172 and 1987/45.

8Words inserted in reg.42(3), and reg. 42(3A)and (3B) inserted, byreg. 2 of S.I. 1992/1198as from 22.5.92.9Words inserted in reg.42(3) & para. (3C)inserted by reg. 2 of S.I.1999/3324 as from7.1 .00 .10Words deleted fromreg. 42(3A) and (3B) byreg. 6 of S.I. 1993/315as from 12.4.93.

7Words substituted inreg. 42(3)(b) by reg.3(2) of S.I. 2001/859.See reg. 1 of S.I. 2001/859 for relevanteffective dates.

5Reg 42(2D) omitted bypara 19(d) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .6Reg. 42(2D) inserted byreg. 37(b) of S.I. 1996/1803 as from 7.4.97.

12Words substituted inreg. 42(4) by reg.2(2)(a) of S.I. 1998/2117 as from 24.9.98.

11Reg. 42(4)(a)(i)substituted by reg. 10of S.I. 1988/1445 asfrom 12.9.88.

4Words omitted in reg.42(2C) by reg. 2(6) ofS.I. 2007/1749 as from16.7 .07 .

2Word in reg. 42(2C)substituted by reg.29(2) of S.I. 2002/3019as from 6.10.03.

14Words inserted in reg.42(4)(a)(i) by reg. 2(5)of S.I. 2005/574 as from4.4 .05 .15Words in reg. 42(4)(a)(i) substituted by reg.6(2) of S.I . 1995/2792as from 28.10.95.

13Words substituted inreg. 42(4)(a), (a)(i) &(ia) by para 10(e) ofSch. 1 to S.I. 2003/455as from 6.4.04.

3Words substituted in reg.42(2C) & (2CA) insertedby reg. 2(3) of S.I. 2005/2465 as from 6.4.06.

1In reg. 42 wordssubstituted in (2C) byreg. 2(6) of S.I. 2007/1749 as from 16.7.07.




war widow’s pension �1or war widower’s pension� or a pension payableto a person as a �2widow, widower or surviving civil partner� under �3�any power of Her Majesty otherwise than under an enactment to makeprovision about pensions for or in respect of persons who have beendisabled or have died in consequence of service as members of the armedforces of the Crown,� as possessed by that single claimant, if it is paid tohim, �4or by his partner, if it is paid to his partner�;

�5(ia) in a case where that payment is a payment of an occupational pension �6,a pension or other periodical payment made under a personal pensionscheme, or a payment made by the Board of the Pension Protection Fund�as possessed by that single claimant or, as the case may be, by �4theclaimant’s partner�;�

(ii) in any other case, as possessed by that single claimant �4or his partner�to the extent that it is used for the food, ordinary clothing or footwear,household fuel, rent �7� for which housing benefit is payable, �8or��9� any housing costs to the extent that they are met under regulations17(1)(e) or 18(1)(f) (housing costs) �8� �10� �11�, of that single claimantor, as the case may be, �4of his partner� �9, or if used for any �12counciltax� or water charges for which that claimant or �4partner is liable��;

�13(b) to a single claimant or his partner in respect of a third party (but not inrespect of another member of his family) shall be treated as possessed by thatsingle claimant or, as the case may be, his partner, to the extent that it is keptor used by him or used by or on behalf of his partner;�

Reg. 42(4)(a) & (b) is reproduced below as it was before the amdt. by S.I.2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

(a) to a third party in respect of a single claimant or in respectof a member of the family (but not a member of the thirdparty’s family) shall be treated–

(i) in a case where that payment is derived from apayment of any benefit under the benefits Acts, awar disablement pension �14, war widow’s pension�15or war widower’s pension pension� or a pensionpayable to a person as a widow �16or widow� underthe Naval, Military and Air Forces Etc. (Disablementand Death) Service Pensions Order 1983 insofar asthat Order is made under the Naval and Marine Payand Pensions Act 1865 �14or the Pensions andYeomanry Pay Act 1884�, or is made only undersection 12(1) of the Social Security (MiscellaneousProvisions) Act 1977 and any power of Her Majestyotherwise than under an enactment to makeprovision about pensions for or in respect of personswho have been disabled or have died in consequenceof service as members of the armed forces of theCrown,� as possessed by that single claimant, if it ispaid to him, or by that member, if it is paid to anymember of that family;

�17(ia) in a case where that payment is a payment of anoccupational pension or is a pension or otherperiodical payment made under a personal pensionscheme, as possessed by that single claimant or, asthe case may be, by that member;�

(ii) in any other case, as possessed by that singleclaimant or by that member to the extent that it isused for the food, ordinary clothing or footwear,household fuel, rent or rates for which housing

14Words in reg. 42(4)(a)(i)substituted by reg. 6(2) ofS.I. 1995/2792 as from28.10.95.15Words inserted in reg.42(4)(a)(i) by reg. 2(1)(d)and (2) of S.I. 1995/3282as from 20.12.95.16Words inserted by reg.2(2) of S.I. 2002/841 asfrom 8.4.02.17Head (ia) inserted in reg.42(4)(a) by reg. 2(1)(a) ofS.I. 1999/2640 as from15.11.99.

6.2714

13Reg. 42(4)(b)substituted by para.10(f) of Sch. 1 to S.I.2003/455 as from6.4 .04 .

8Words inserted in, anddeleted from, reg.42(4)(a)(ii) by reg. 4(2)of S.I. 1994/527 asfrom 11.4.94.9Words in reg. 42(4)(a)(ii)deleted & added by reg. 8of S.I. 1991/1559 asfrom 7.10.91.

12Words in reg.42(4)(a)(ii) substitutedby para. 2 of Sch. toS.I. 1993/315 as from1.4 .93 .

10Words omitted in reg.42(4)(a)(ii) by para. 4of Sch. 1 to S.I. 1988/1445 as from 10.4.89.11Words omitted in reg.42(4)(a)(ii) by para. 7of Sch. 1 to S.I. 1989/534 as from 9.10.89 orlater see reg. 1 ibid.

7Words deleted in reg.42(4)(a)(ii) by reg.3(3)(b) of S.I . 2005/574as from 4.4.05.

6Words substituted inreg. 42(4)(a)(ia) by reg.2(2)(c) of S.I. 2006/588as from 6.4.06.

5Head (ia) inserted inreg. 42(4)(a) by reg.2(1)(a) of S.I. 1999/2640 as from 15.11.99.

2Words substituted inreg. 42(4)(a)(i) by reg.4(2) of S.I . 2005/2878as from 5.12.05.

1Words inserted by reg.2(2) of S.I. 2002/841 asfrom 8.4.02.

3Words deleted in reg.42(4)(a)(i) by reg. 2(4)of S.I. 2008/3157 asfrom 5.1.09. .4Words substituted inreg. 42(4)(a)(i), (ii) &(ia) by para 10(e) ofSch. 1 to S.I. 2003/455as from 6.4.04.




benefit is payable �1or� �2� any housing costs tothe extent that they are met under regulations 17(1)(e)or 18(1)(f) (housing costs) �1� �3� �4�, of that singleclaimant or, as the case may be, of any member ofthat family�2, or is used for any �5council tax� orwater charges for which that claimant or member isliable�;

(b) to a single claimant or a member of the family in respectof a third party (but not in respect of another member ofthat family) shall be treated as possessed by that singleclaimant or, as the case may be, that member of the familyto the extent that it is kept or used by him or used by oron behalf of any member of the family;

but except where sub-paragraph (a)(i) applies and in the case of a person towhom section 23 of the Act (trade disputes) applies, this paragraph shall notapply to any payment in kind �6to the third party�.�

�7(4ZA)Paragraph (4) shall not apply in respect of a payment of income made–(a) under �8or by� the Macfarlane Trust, the Macfarlane (Special Payments)

Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the EileenTrust�8, MFET Limited��9, the Skipton Fund, the Caxton Foundation��10,the Scottish Infected Blood Support Scheme� �11, an approved bloodscheme��12, the London Emergencies Trust, the We Love ManchesterEmergency Fund� or the Independent Living �13Fund (2006)�

(b) pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionarycoal); or

(c) pursuant to section 2 of the Employment and Training Act 1973 in respect ofa persons’ participation–(i) in an employment programme specified in regulation 75(1)(a)(ii) of the

Jobseekers’ Allowance Regulations 1996;(ii) in a training scheme specified in regulation 75(1)(b)(ii) of those

Regulations; or�14(iia) in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of

those Regulations �15� or�(iii) in a qualifying course within the meaning specified in regulation 17A(7)

of those Regulations.��16(ca) in respect of a person’s participation in �17a scheme prescribed in

regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Personsto Obtain Employment) Regulations 2013� or the Mandatory WorkActivity Scheme; or�

�18(d) under an occupational pension scheme�19, in respect of a pension or otherperiodical payment made under a personal pension scheme or a paymentmade by the Board of the Pension Protection Fund� where–(i) a bankruptcy order has been made in respect of the person in respect of

whom the payment has been made or, in Scotland, the estate of thatperson is subject to sequestration or a judicial factor has been appointedon that person’s estate under section 41 of the Solicitors (Scotland) Act1980(a);

(ii) the payment is made to the trustee in bankruptcy or any other personacting on behalf of the creditors; and

(iii) the person referred to in (i) and �20his partner (if any)� does not possess,or is not treated as possessing, any other income apart from thatpayment.�

Reg 42(4ZA) (d) (iii) is reproduced below as it was before the amdt. byS.I. 2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

14Words inserted in reg.42(4ZA)(c) by reg. 15(4)of S.I. 2001/1029 asfrom 9.4.01.

Reg. 42

(a) 1980 c. 46.

18Reg. 42(4ZA)(d) insertedby reg. 2(3)(c) of S.I. 1999/2640 as from 15.11.99.

20Words substituted in reg.42(4ZA)(d)(ii i) by para.10(g) of Sch. 1 to S.I.2003/455 as from 6.4.04.

19Words substituted inreg. 42(4ZA)(d) by reg.2(2)(d) of S.I . 2006/588as from 6.4.06.

15Words omitted in reg.42(4ZA)(c)(iia) by reg.2(8)(a) of S.I. 2008/698as from 14.4.08.

5Words in reg. 42(4)(a)(ii)substituted by para. 2 ofSch. to S.I. 1993/315 asfrom 1.4.93.

3Words omitted in reg42(2)(a)(ii) by para. 4 ofSch. 1 to S.I. 1988/1445as from 10.4.89.4Words omitted in reg.42(4)(a)(ii) by para. 7 ofSch. 1 to S.I. 1989/534 asfrom 9.10.89 or later seereg. 1 ibid

2Words in reg. 42(4)(a)(ii)deleted & added by reg.8 of S.I. 1991/1559 asfrom 7.10.91.

1Words inserted in, anddeleted from, reg 42(4)(a)(ii)by reg. 4(2) of S.I. 1994/527as from 11.4.94.

7Reg. 42(4ZA) inserted byreg. 2(2)(b) of S.I. 1998/2117 as from 24.9.98.

6Words inserted in reg.42(4) by reg. 2(3)(e) ofS.I. 2005/2465 as from3.10 .05 .

13Words in reg. 42(4ZA)(a) substituted by reg.2(6)(a) of S.I. 2008/2767 as from 17.11.08.

8Words inserted in reg.42(4ZA)(a) by reg.2(3)(b) & (7)(a) of S.I.2010/641 as from 1.4.10.

16Words in reg.42(4ZA)(ca) inserted byreg. 4(5) of S.I. 2011/1707 as from 5.8.11.

9Words inserted in reg.42(4ZA)(a) by reg. 7(5)of S.I. 2011/2425 asfrom 31.10.11.

17Words in reg. 42(4ZA)(ca) substituted by reg.13(b) of S.I. 2013/276 asfrom 6.45pm on 12.2.13.

10Words inserted in reg.42(4ZA)(a) by reg.3(3)(a) of S.I. 2017/329as from 3.4.17.

12Words in reg.42(4ZA)(a) inserted byreg. 2(3)(a) of S.I. 2017/689 as from 19.6.17.

11Words in reg. 42(4ZA)(a)inserted by reg. 2(3)(a) ofS.I. 2017/870 as from23 .10 .17 .



6.2716

�1(iii) the person referred to in (i) and any member of hisfamily does not possess, or is not treated aspossessing, any other income apart from thatpayment.�

�2(4A) Where the claimant �3resides in a care home, an Abbeyfield Home or anindependent hospital, or is temporarily absent from such a home or hospital�, anypayment made by a person other than the claimant or a member of his family in respectof some or all of the cost of maintaining the claimant �4or his partner in that home �5orhospital� shall be treated as possessed by the claimant or his partner.�

Reg. 42(4A) is reproduced below as it was before the amdt. by S.I. 2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 for details ofwhen to apply this version.

�6(4A) Where the claimant lives in a residential care home or anursing home, or is temporarily absent from such a home, anypayment made by a person other than the claimant or a memberof his family in respect of some or all of the cost of maintainingthe claimant or a member of his family in that home shall betreated as possessed by the claimant or by that member of hisfamily.�

(5) Where a claimant’s earnings are not ascertainable at the time of thedetermination of the claim or of any �7revision or supersession the Secretary of State�shall treat the claimant as possessing such earnings as is reasonable in thecircumstances of the case having regard to the number of hours worked and theearnings paid for comparable employment in the area.

�8(5A) Where the amount of a subsistence allowance paid to a claimant in a benefitweek is less than the amount of income-based jobseeker’s allowance that person wouldhave received in that benefit week had it been payable to him, less 50p, he shall betreated as possessing the amount which is equal to the amount of income-basedjobseeker’s allowance which he would have received in that week, less 50p.�

(6) �9Subject to paragraph (6A),� where–(a) a claimant performs a service for another person; and

(b) that person makes no payment of earnings or pays less than that paidfor a comparable employment in the area,

the �7Secretary of State� shall treat the claimant as possessing such earnings (ifany) as is reasonable for that employment unless the claimant satisfies him thatthe means of that person are insufficient for him to pay or to pay more for theservice; �7�

�10(6A) Paragraph (6) shall not apply–

(a) to a claimant who is engaged by a charitable or voluntary organisation orwho is a volunteer if the �10Secretary of State� is satisfied in any of thosecases that it is reasonable for him to provide the service free of charge;

�11(b) in a case where the service is performed in connection with–

(i) the claimant’s participation in an employment or training programme inaccordance with regulation 19(1)(q) of the Jobseeker’s AllowanceRegulations 1996�12, other than where the service is performed inconnection with the claimant’s participation in the Intensive ActivityPeriod specified in regulation 75(1)(a)(iv) of those Regulations �13��;or

(ii) the claimant’s or the claimant’s partner’s participation in an employmentor training programme as defined in regulation 19(3) of those Regulationsfor which a training allowance is not payable or, where such an allowanceis payable, it is payable for the sole purpose of reimbursement oftravelling or meal expenses to the person participating in that programme;or�

Reg. 42

11Para. (6A)(b) insertedby reg. 3(1) of S.I.2000/724 as from3.4 .00 .12Words inserted in reg.42(6A)(b)(i) by reg.15(6) of S.I. 2001/1029as from 9.4.01.

10Para. (6A)-(6C)inserted & words inpara. (6A) substitutedby para. 2(2)(b) & (c)of S.I. 1999/2554 asfrom 29.11.99.


9Words inserted anddeleted in para. (6) byreg. 2(2)(a) of S.I.1999/2554 as from4.10 .99 .

13Words in reg.42(6A)(b)(i) omitted byreg. 2(8) of S.I. 2008/698 as from 14.4.08.

7Words substituted inreg. 42(5) & (6) bypara. 4 of Sch. 5 to S.I.1999/3178 as from29 .11 .99 .

8Reg. 42(5A) inserted byreg. 3(1) of S.I. 2000/724 as from 3.4.00.

6Reg. 42(4A) inserted byreg. 4(3) of S.I. 1994/527as from 11.4.94.

4Words substituted inreg. 42(4A) by para.10(h) of Sch. 1 of S.I.2003/455 as from6.4 .04 .5Words in reg. 42(4A)substituted by reg. 2(7)of S.I. 2008/2767 asfrom 17.11.08.

2Reg. 42(4A) insertedby reg. 4(3) of S.I.1994/527 as from11.4 .94 .3Words in reg. 42(4A)substituted by para. 6 ofSch. 1 to S.I. 2005/2687as from 24.10.05.

1Reg. 42(4ZA)(d)(iii)inserted by reg. 2(3)(c) ofS.I. 1999/2640 as from15.11.99.



(a ) The New Deal for Lone Parents Operational Vision was produced for the Department ofSocial Security and the Employment Service by the Central Office of Information - October1998 HSSS 98 3255.


2Words in para. (6A)(c)and paras. (6B) & (6C)omitted by reg. 5(2) (a)& (b) of S.I. 2004/2308as from 4.10.04.

(c) to a claimant who is engaged in work experience whilst participating in–

(i) the New Deal for Lone Parents(a); or(ii) a scheme which has been approved by the Secretary of State as supporting

the objectives of the New Deal for Lone Parents�1; or(d) to a claimant who is participating in a work placement approved by the

Secretary of State (or a person providing services to the Secretary of State)before the placement starts.

(6AA) In paragraph (6A)(d) “work placement” means practical work experiencewhich is not undertaken in expectation of payment.�

�2�

�2��

(7) Where a claimant is treated as possessing any income under any of �3paragraphs(1) to (4A)� the foregoing provisions of this Part shall apply for the purposes ofcalculating the amount of that income as if a payment had actually been made and asif it were actual income which he does possess.

Reg. 42

Supplement No. 121 [Dec 2017] 6.2717

1Word “or” sub-para.(6A)(d) & para. (6AA)inserted by reg. 5(9)(a)of S.I. 2007/2618 asfrom 1.10.07.






(a ) 1975 c. 60.

(8) Where a claimant is treated as possessing any earnings under paragraph (5)or (6) the foregoing provisions of this Part shall apply for the purposesof calculating the amount of those earnings as if a payment had actually been madeand as if they were actual earnings which he does possess except that paragraph(3) of regulation 36 (calculation of net earnings of employed earners) shall notapply and his net earnings shall be calculated by taking into account the earningswhich he is treated as possessing, less–

(a) an amount in respect of income tax equivalent to an amount calculatedby applying to those earnings �1�2� the basic rate�3, or in the case of aScottish taxpayer, the Scottish basic rate,� of tax� in the year of assessmentless only the �3personal reliefs to which the claimant is entitled underChapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as are� appropriateto his circumstances; but, if the period over which those earnings are to betaken into account is less than a year, �1the earnings to which the �4�2basic�rate��3, or the Scottish basic rate,� �5� of tax is to be applied and� theamount of the �3personal reliefs� deductible under this paragraph shall becalculated on a pro rata basis;

�6(b) where the weekly amount of those earnings equals or exceeds the lowerearnings limit, an amount representing primary Class I contributionsunder the Contributions and Benefits Act, calculated by applying tothose earnings the initial and main primary percentages in accordancewith section 8(1)(a) and (b) of that Act; and�

(c) one-half of any sum payable by the claimant �7in respect of a payperiod� by way of a contribution towards an occupational or personalpension scheme.

�8(8ZA) Paragraphs (1), (2), (3), (4), (5) and (6) shall not apply in respect of anyamount of income other than earnings, or earnings derived from employment as anemployed earner, arising out of the �9claimant participating as a service user.��

�10(8A) In paragraph (3A) and (3B) the expression “resources” has the samemeaning as in the Social Security Pensions Act 1975(a) by virtue of section 66(1)of that Act.�

�11(9) In paragraph (4) the expression “ordinary clothing or footwear” meansclothing or footwear for normal daily use, but does not include school uniforms,or clothing or footwear used solely for sporting activities.�

[Regulation 43 (notional earnings of seasonal workers) revoked by regula-tion 14 of S.I. 1989/1323 as from 9.10.89.]

44. �12�

This regulation continues to be reproduced as it remains in force incertain cases. See reg. 1 of S.I. 2003/455 at page. 6.7203 for details ofwhen to apply this version.

Modifications in respect of children and young persons

44.—�13(1) Any capital of a child or young person payable byinstalments which are outstanding on–

(a) the first day in respect of which income support is payableor at the date of the determination of the claim, whicheveris the earlier; or

(b) in the case of a supersession, the date of thatsupersession,

shall be treated as income if the aggregate of the instalmentsoutstanding and the amount of that child’s or young person’sother capital calculated in accordance with Chapter VI of thisPart in like manner as for the claimant would exceed £3,000.�

(2) In the case of a child or young person who is residing at aneducational establishment at which he is receiving relevanteducation–

Regs. 42-44


13Reg. 44(1) substituted bypara. 5 of Sch. 5 to S.I.1999/3178 as from29.11.99.

1Words substituted &words inserted in reg.42(8)(a) by reg. 18 ofS.I. 1992/2155 as from5.10 .92 .

5Words deleted from reg.42(8)(a) by reg. 29 ofS.I. 1994/2139 as from3.10 .94 .

7Words inserted into reg.42(8)(c) by reg. 26 ofS.I. 1994/2139 as from3.10 .94 .

11Para. (9) added to reg.42 by reg. 10(b) of S.I.1988/1445 as from12.9 .88 .

10Reg. 42(8A) insertedby reg. 2(c) of S.I. 1992/1198 as from 22.5.92.

6Reg. 42(8)(b)substituted by reg. 4(4)of S.I. 1994/527 asfrom 11.4.94.

12Reg. 44 omitted bypara. 11 of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

3Words inserted &substituted in reg.42(8)(a) by reg. 2(5)(a)-(d) of S.I. 2016/233 asfrom 6.4.16.4Word substituted in reg.42(8)(a) by reg. 5(9)(b)of S.I. 2007/2618 asfrom 1.10.07.

2Words omitted & wordssubstituted in reg.42(8)(a) by reg. 2(7) ofS.I. 2009/583 as from6.4 .09 .

8Reg. 42(8ZA) insertedby reg. 2(9)(b) of S.I.2009/2655 on or after26.10.09 & subject toreg. 1 ibid.9Words in reg. 42(8ZA)substituted by reg. 2(4)of S.I. 2014/591 asfrom 28.4.14.



6.2760

2Words substituted in reg.44(4) and (5) by reg. 15(3)and (4) of S.I. 1993/2119as from 4.10.93.


(a ) 1944 c. 31; section 8 was amended by the Education (Miscellaneous Provisions) Act 1948(c. 40) section 3, the Education Act 1980 (c. 20) section 38 and Schedule 7 and by theEducation Act 1981 (c. 60), section 2.

(b) 1980 c. 44; section 50 was amended by the Education (Scotland) Act 1981 (c. 58), section 2.

1Words substituted in reg.44(2)(b), (3) & (4), by reg.2(a) of S.I. 2000/2629 asfrom 9.4.01.

(a) any payment made to the educational establishment, inrespect of that child’s or young person’s maintenance, byor on behalf of a person who is not a member of thefamily or by a member of the family out of fundscontributed for that purpose by a person who is not amember of the family, shall be treated as income of thatchild or young person but it shall only be taken intoaccount over periods during which that child oryoung person is present at that educationalestablishment; and

(b) if a payment has been so made, for any period in a benefitweek in term- time during which that child or young personreturns home, he shall be treated as possessing anamount of income in that week calculated by multiplyingthe amount of �1personal allowance, any disabled childpremium and any enhanced disability premium�applicable in respect of that child or young person by thenumber equal to the number of days in that week in whichhe was present at his educational establishment anddividing the product by seven; but this sub-paragraphshall not apply where the educational establishment isprovided under section 8 of the Education Act 1944(a)(duty of local authority to secure primary and secondaryschools) by a local education authority or where thepayment is made under section 49 or 50 of the Education(Scotland) Act 1980(b) (power of education authority toassist persons).

(3) Where a child or young person–

(a) is resident at an educational establishment and he iswholly or partly maintained at that establishment by alocal education authority under section 8 of the EducationAct 1944; or

(b) is maintained at an educational establishment undersection 49 or 50 of the Education (Scotland) Act 1980,

he shall for each day he is present at that establishment be treatedas possessing an amount of income equal to the sum obtainedby dividing the amount of �1personal allowance, any disabledchild premium and any enhanced disability premium� applicablein respect of him by seven.

(4) Where the income of a child or young person who is a memberof the claimant’s family calculated in accordance with �2ChaptersI to V� of this Part exceeds the amount of the �1personalallowance, any disabled child premium and any enhanceddisability premium� applicable in respect of that child or youngperson, the excess shall not be treated as income of the claimant.

(5) Where the capital of a child or young person if calculated inaccordance with Chapter VI of this Part in like manner as for theclaimant, �2except as provided in paragraph (1)�, would exceed£3,000, any income of that child or young person shall not betreated as income of the claimant.

(6) In calculating the net earnings or net profit of a child oryoung person here shall be disregarded, (in addition to any sumwhich falls to be disregarded under paragraphs 11 to 13), anysum specified in paragraphs 14 and 15 of Schedule 8 (earningsto be disregarded).

(7) Any income of a child or young person which is to bedisregarded under Schedule 9 (income other than earnings to bedisregarded) shall be disregarded in such manner as to producethe result most favourable to the claimant.

(8) Where a child or young person is treated as possessing anyincome under paragraphs (2) and (3) the foregoing provisions ofthis Part shall apply for the purposes of calculating that incomeas if a payment had actually been made and as if it were actualincome which he does possess.



6.2761

1Reg. 44 (9) added by reg.20 of S.I. 1988/663 asfrom 11.4.88.


�1(9)For the purposes of this regulation, a child or young personshall not be treated as present at his educational establishmenton any day if on that day he spends the night with the claimantor a member of his household.�

CHAPTER VICAPITAL

��2Capital Limit

45. For the purposes of section 134(1) of the Contributions and Benefits Actas it applies to income support (no entitlement to benefit if capital exceedsprescribed amount), the prescribed amount is £16,000.�

Calculation of capital

46.—(1) For the purposes of Part II of the Act as it applies to income support,the capital of a claimant to be taken into account shall, subject to paragraph (2),be the whole of his capital calculated in accordance with this part and anyincome treated as capital under �3regulation 48 (income treated as capital).�

(2) There shall be disregarded from the calculation of a claimant’s capitalunder paragraph (1) any capital, where applicable, specified in Schedule 10.

47. �4�


Disregard of capital of child or young person

47. The capital of a child or young person who is a member of theclaimant’s family shall not be treated as capital of the claimant.

Income treated as capital

48.—(1) Any �5� bounty derived from employment to which paragraph 7 ofSchedule 8 applies �5and paid at intervals of at least one year� shall be treated ascapital.

(2) Except in the case of an amount to which section 23(5)(a)(ii) of the Act(refund of tax in trade disputes cases) �5or regulation 41(4) (capital treated asincome)� applies, any amount by way of a refund of income tax deducted fromprofits or emoluments chargeable to income tax under Schedule D or E shall betreated as capital.

(3) Any holiday pay which is not earnings under regulation 35(1)(d) (earningsof employed earners) shall be treated as capital.

(4) Except any income derived from capital disregarded under paragraph 1, 24, 6, �612 or �7, 25 to 28, 44 or 45�� of Schedule 10, any income derived from capitalshall be treated as capital but only from the date it is normally due to be credited to theclaimant’s account.

(5) Subject to paragraph (6), in the case of employment as an employedearner, any advance of earnings or any loan made by the claimant’s employershall be treated as capital.

�8(6) Paragraph (5) shall not apply to a person to whom section 23 of the Act(trade disputes) applies or in respect of whom section 20(3) of the Act(conditions of entitlement to income support) has effect as modified by section23A(b) (effect of return to work).�

(7) Any payment under section 30 of the Prison Act 1952(a) (payments fordischarged prisoners) or allowance under section 17 of the Prisons (Scotland) Act1952(b) (allowances to prisoners on discharge) shall be treated as capital.

(8) �9�

2Reg. 45 substituted byreg. 2(4) of S.I.2005/2465 as from10.4 .06 .

3Words in reg. 46(1)substituted by reg. 10 ofS.I. 1988/2022 as from12 .12 .88 .

5Words deleted andinserted in reg. 48(1) &(2) by reg. 11 of S.I.1988/1445 as from12.9 .88 .

6Refs. in reg. 48(4)substituted by reg. 11(a)of S.I. 1988/2022 asfrom 12.12.88.

8Reg. 48(6) substitutedby reg. 21 of S.I. 1988/663 as from 1.4.88.

4Reg. 47 omitted bypara. 11 of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

7Words in reg. 48(4)substituted by reg. 5(4)of S.I. 2006/2378. Seereg. 1 of S.I. 2006/2378for relevant effectivedates.

(a ) 1952 c. 52; section 30 was substituted by section 66(3) of the Criminal Justice Act 1967(c. 80).

(b) 1952 c. 61.

9Reg. 48(8), omitted bypara. 12 of Sch. 1 toS.I. 2003/455 as from6.4 .04 .



6.2762

3Reg. 48(9) & (10) addedby reg. 11(b) of S.I.1988/2022 as from12 .12 .88 .

(a ) 1975 c. 72; as amended by section 64 of the Domestic Proceedings and Magistrates CourtsAct 1978 (c. 22).

(b) Section 23A was added by the Social Security Act 1988 (c. 7), Schedule 4, paragraph 25.


(8A) �1�This regulation continues to be reproduced as it remains in force in certaincases. See reg. 1 of S.I. 2003/455 at page 6.7203 for details of when to apply thisversion.

�2(8) Any payment made by a local authority which representsarrears of payments under–

(a) paragraph 15 of Schedule 1 to the Children Act 1989 (powerof a local authority to make contributions to a personwith whom a child lives as a result of a residence order);or

(b) Section 34(6) or as the case may be, section 50 of theChildren Act 1975(a)(payments towards maintenance forchildren),

shall be treated as capital.

(8A) Any payment made by an authority, as defined in Article 2 of theChildren Order[74] which represents arrears of payments under Article15 of, and paragraph 17 of Schedule 1 to, that Order (contribution byan authority to child’s maintenance), shall be treated as capital.�

�3(9) Any charitable or voluntary payment which is not made or not due to be made atregular intervals, other than one to which paragraph (10) applies, shall be treated as capital.

(10) This paragraph applies to a payment–(a) which is made to a person to whom section 23 of the Act (trade disputes) applies or

in respect of whom section 20(3) of the Act (conditions of entitlement to incomesupport) has effect as modified by section 23A(b) of the Act(b) (effect of return towork) �1or to the partner� of such a person;

(b) �1�

Reg. 48(10)(a) is reproduced below as it was before the amdt. by S.I.2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

(a) which is made to a person to whom section 23 of the Act(trade disputes) applies or in respect of whom section20(3) of the Act (conditions of entitlement to incomesupport) has effect as modified by section 23A(b) of theAct(b) (effect of return to work) or to a member of thefamily of such a person;


(b) to which regulation 44(2) (modification in respect ofchildren and young persons) applies; or

(c) which is made under �4or by� the Macfarlane Trust�5, the Macfarlane(Special Payments) Trust��6, the Macfarlane (Special Payments) (No. 2)Trust��7, the Fund��8, the Eileen Trust��4, MFET Limited��9, theSkipton Fund, the Caxton Foundation��10, the Scottish Infected Blood

1Reg. 48(8A) & (10)(b)omitted, wordssubstituted in para.(10)(a) by para. 12 ofSch. 1 to S.I. 2003/455as from 6.4.04.2Para. (8) substituted and(8A) inserted by reg. 14(1)of S.I. 1998/563 as from6.4.98.

5Words inserted into reg.48(10)(c) by reg. 3(3)(b) of S.I. 1990/127 asfrom 31.1.90.6Words inserted into reg.48(10)(c) by reg. 5(4)of S.I. 1991/1175 asfrom 11.5.91.7Words inserted into reg.48(10)(c) by reg. 6(4)of S.I. 1992/1101 asfrom 7.5.92.8Words inserted into reg.48(10)(c) by reg. (4)(3)(b) of S.I. 1993/1249 asfrom 14.5.93.

4Words inserted in reg.48(10(c) by reg. 2(3)(c)& (7)(b) of S.I. 2010/641 as from 1.4.10.

9Words inserted in reg.48(10)(c) by reg. 7(5)of S.I. 2011/2425 asfrom 31.10.11.10Words in reg. 48(10)(c)inserted by reg. 3(3)(b)of S.I. 2017/329 as from3.4 .17 .




Support Scheme��1, an approved blood scheme��2, the LondonEmergencies Trust, the We Love Manchester Emergency Fund� or �3theIndependent Living �4Fund (2006)��.�

�5�

�6(12) Any arrears of subsistence allowance which are paid to a claimant as a lumpsum shall be treated as capital.�

�7Calculation of capital in the United Kingdom

49. Capital which a claimant possesses in the United Kingdom shall be calculated at itscurrent market or surrender value less–

(a) where there would be expenses attributable to sale, 10 per cent; and

(b) the amount of any incumbrance secured on it�

Calculation of capital outside the United Kingdom

50. Capital which a claimant possesses in a country outside the United Kingdomshall be calculated–

(a) in a case in which there is no prohibition in that country against the transferto the United Kingdom of an amount equal to its current market or surrendervalue in that country, at that value;

(b) in a case where there is such a prohibition, at the price which it would realiseif sold in the United Kingdom to a willing buyer,

less, where there would be expenses attributable to sale, 10 per cent and the amount ofany incumbrance secured on it.

Notional capital

51.—(1) A claimant shall be treated as possessing capital of which he has deprivedhimself for the purpose of securing entitlement to income support or increasing theamount of that benefit �8except–

(a) where that capital is derived from a payment made in consequence of anypersonal injury and is placed on trust for the benefit of the claimant; or

(b) to the extent that the capital which he is treated as possessing is reduced inaccordance with regulation 51A (diminishing notional capital rule)� �9or

�10(c) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded)applies which is administered in the way referred to in paragraph 44(1)(a);

(d) any sum to which paragraph 45(a) of Schedule 10 refers.��

(2) Except in the case of–(a) a discretionary trust;

(b) a trust derived from a payment made in consequence of a personal injury; or

(c) any loan which would be obtainable only if secured against capitaldisregarded under Schedule 10; �11or

(d) a personal pension scheme �12�,� �13or

6Reg. 48(12) added byreg. 3(2) of S.I. 2000/724 as from 3.4.00.

5Reg. 48(11) omitted byreg. 2(9) of S.I. 2008/698 as from 14.4.08.

3Words substituted in reg.48(10)(c) by reg. 2(3) &(4) of S.I. 1993/963 asfrom 22.4.93.


9Sub-para. (c) insertedinto reg. 51(1) by reg.5(4) of S.I . 1997/2197as from 6.10.97.

6.2763

11Word “or” and sub-para. (d) added to reg.51(2) by reg. 6(5) ofS.I. 1995/2303 as from8.10 .95 .

10Reg. 51(1)(c) & (d)substituted for (c) byreg. 3(4) of S.I. 2007/719 as from 2.4.07.

7Reg. 49 substituted byreg. 5(10) of S.I. 2007/2618 as from 1.10.07.

13Word “or” and sub-para.(e) inserted into reg.51(2) by reg. 5(4) of S.I.1997/2197 as from6.10 .97 .

12Words omitted in reg.51(2)(d) by reg. 2(7) ofS.I. 2007/1749 as from16.7 .07 .

4Words in reg. 48(10)(c) substituted by reg.2(6)(b) of S.I. 2008/2767 as from 17.11.08.

2Words in reg. 48(10)(c)inserted by reg. 2(3)(b)of S.I. 2017/689 asfrom 19.6.17.

1Words in reg. 48(10)(c)inserted by reg. 2(3)(b)of S.I. 2017/870 asfrom 23.10.17.



6.2764

10Words in reg.51(3)(a)(i) substituted byreg. 9 of S.I. 1997/65 asfrom 7.4.97, or the firstday of the benefit weekon or after that date,whichever is the later.

14Reg. 51(3)(a)(ia)inserted by reg. 2(1)(a)of S.I. 1999/2640 asfrom 15.11.99.


�1(da) an occupational pension scheme �2or a payment made by the Board of thePension Protection Fund� where the claimant �3has not attained thequalifying age for state pension credit�; or�

�4(e) any sum to which paragraph 44(2)(a) of Schedule 10 (capital to be disregarded)applies which is administered in a way referred to in paragraph 44(1)(a); or

(f) any sum to which paragraph 45(a) of Schedule 10 refers,��

any capital which would become available to the claimant upon applicationbeing made but which has not been acquired by him shall be treated as possessedby him but only from the date on which �5it could be expected to be acquiredwere an application made�.

�6(3) �7Any payment of capital, other than a payment of capital specified inparagraph (3A)� made–

(a) to a third party in respect of a single claimant or �8his partner� (but not amember of the third party’s family) shall be treated–

(i) in a case where that payment is derived from a payment of anybenefit under the benefit Acts, �9a payment from the Armed Forces andReserve Forces Compensation Scheme,� a war disablement pension�10,war widow’s pension �11or war widower’s pension� or a pension payableto a person as a �12widow, widower or surviving civil partner� �13�underany power of Her Majesty otherwise than under an enactment to makeprovision about pensions for or in respect of persons who have beendisabled or who have died in consequence of service as members of thearmed forces of the Crown,� as possessed by that single claimant, if it ispaid to him, �8or by his partner, if it is paid to his partner�;

�14(ia) in a case where that payment of an occupational pension�15, a pension orother periodical payment made under a personal pension scheme, or apayment made by the Board of the Pension Protection Fund� as possessedby that single claimant or, as the case may be, by �8the claimant’spartner�,�

(ii) in any other case, as possessed by that single claimant �8or hispartner� to the extent that it is used for the food, ordinary clothingor footwear, household fuel, rent �9� for which housing benefit�16is payable or� �17� any housing costs to the extent that they are met

11Words inserted in reg.51(3)(a)(i) by reg. 2(3)of S.I. 2002/841 asfrom 8.4.02.

6Reg. 51(3) substitutedby reg. 12 of S.I. 1988/1445 as from 5.9.88.7Words substituted inreg. 51(3) by reg. 3(2)(a) of S.I. 1998/2117 asfrom 24.9.98.8Words substituted inreg. 51(3)(a)-(a)(ii) bypara. 13(a) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .9Words inserted & deletedin regs. 51(3)(a)(i) & (ii)by regs. 2(5) & 3(4) ofS.I. 2005/574 as from4.4 .05 .

12Words substituted inreg. 51(3)(a)(i) by reg.4(3) of S.I . 2005/2878as from 5.12.05.


15Words substituted inreg. 51(3)(a)(ia) by reg.2(3)(b) of S.I . 2006/588as from 6.4.06.

4Reg. 51(2)(e) & (f)substituted for (e) byreg. 2(4) of S.I. 2007/719 as from 2.4.07.

16Words substituted inreg. 51(3)(a)(ii) by reg.2(1) of, & para. 8 of theSch. to, S.I. 2001/3767as from 8.4.02.17Words in reg.51(3)(a)(ii) deleted byreg. 9 of S.I. 1991/1559 as from 7.10.91.

13Words deleted in reg.51(3)(a)(i) by reg. 2(4)of S.I. 2008/3157 asfrom 5.1.09.

1Sub-para. (da) insertedin reg. 51(2) by reg.2(6) of S.I . 2005/2465as from 6.4.06.2Words inserted in reg.51(2)(da) by reg.2(3)(a) by S.I. 2006/588 as from 6.4.06.

3Words substituted inreg. 51(2)(da) by reg.2(8) of S.I. 2010/641 asfrom 1.4.10.




under regulation 17(1)(e) and 18(1)(f) (housing costs) �1� �2� �3�), ofthat single claimant or, as the case may be, of �4his partner��5, or is usedfor any �6council tax� or water charges for which that claimant or�4partner is liable��;

�4(b) to a single claimant or his partner in respect of a third party(but not in respect of another member of his family) shall be treated aspossessed by that single claimant or, as the case may be, his partner, to theextent that it is kept or used by him or used by or on behalf of his partner.��

Reg. 51(3)(a) & (b) is reproduced below as it was before the amdt. byS.I. 2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

(a) to a third party in respect of a single claimant or in respectof a member of the family (but not a member of the thirdparty’s family) shall be treated–

(i) in a case where that payment is derived from apayment of any benefit under the benefit Acts, �7apayment from the Armed Forces and Reserve ForcesCompensation Scheme,� a war disablementpension�8, war widow’s pension �9or war widow’spension� or a pension payable to a person as awidow �9or widower� under the Naval, Military andAir Forces Etc. (Disablement and Death) ServicePensions Order 1983(a) in so far as that Order is madeunder the Naval and Marine Pay and Pensions Act1865(b) or the Pensions and Yeomanry Pay Act 1884(c),or is made only under section 12(1) of the SocialSecurity (Miscellaneous Provisions) Act 1977(d) andany power of Her Majesty otherwise than under anenactment to make provision about pensions for orin respect of persons who have been disabled orwho have died in consequence of service as membersof the armed forces of the Crown,� as possessed bythat single claimant, if it is paid to him, or by thatmember if it is paid to any member of the family;

�10(ia) in a case where that payment of an occupationalpension or is a pension or other periodical paymentmade under a personal pension scheme, as possessedby that single claimant or, as the case may be, by thatmember,�

(ii) in any other case, as possessed by that singleclaimant or by that member to the extent that it isused for the food, ordinary clothing or footwear,household fuel, rent or rates for which housingbenefit �11is payable,or� �12� any housing costs tothe extent that they are met under regulation 17(1)(e)and 18(1)(f) (housing costs) �11� �13� �14�), of thatsingle claimant or, as the case may be, of any memberof that family�12, or is used for any �15council tax� orwater charges for which that claimant or member isliable�;

(b) to a single claimant or a member of the family in respectof a third party (but not in respect of another member ofthe family) shall be treated as possessed by that singleclaimant or, as the case may be, that member of the familyto the extent that it is kept or used by him or used by oron behalf of any member of the family.�

(a ) S.I. 1983/883; relevant amending instruments are S.I. 1993/598, 1994/1906, 1995/766 and1996/732 and 1638. The Order needs to be read subject to the provisions of section 168 ofthe Pensions Act 1995 (c. 26), the effect of which is to disregard subsequent marriages whichhave been dissolved or been the subject of a decree of judicial separation, in determining aperson’s entitlement to a widow’s pension.

(b) 1865 c. 73.(c) 1884 c. 55.(d) 1977 c. 5.

8Words in reg. 51(3)(a)(i)substituted by reg. 9 ofS.I. 1997/65 as from7.4.97, or the first day ofthe benefit week on orafter that date, whicheveris the later.9Words inserted in reg.51(3)(a)(i) by reg. 2(3) ofS.I. 2002/841 as from8.4.02.10Reg. 51(3)(a)(ia) insertedby reg. 2(1)(a) of S.I.1999/2640 as from15.11.99.

5Words in reg. 51(3)(a)(ii)added by reg. 9 of S.I.1991/1559 as from7.10 .91 .

11Words substituted &omitted in reg. 51(3)(a)(ii)by reg. 2(1) of, & para. 8of the Sch. to, S.I. 2001/3767 as from 8.4.02.

13Words in reg. 51(3)(a)(ii)deleted by para. 7 of Sch.1 to S.I. 1989/534 as from9.10.89.14Words in reg. 51(3)(a)(ii)deleted by para. 4 of Sch.1 to S.I. 1988/1445 asfrom 10.4.89.15Words in reg. 51(3)(a)(ii)substituted by para. 3 ofSch. to S.I. 1993/315 asfrom 1.4.93.

7Words inserted in reg.51(3)(a)(i) by reg. 2(5) ofS.I. 2005/574 as from4.4.05.

4Words substituted in reg.51(3)(a)(ii) & (3)(b)inserted by paras. 13(a) &(b) of Sch. 1 to S.I. 2003/455 as from 6.4.05

6Words in reg. 51(3)(a)(ii) substituted by para.3 of Sch. to S.I. 1993/315 as from 1.4.93.

3Words in reg.51(3)(a)(ii) deleted bypara. 4 of Sch. 1 to S.I.1988/1445 as from10.4 .89 .

2Words in reg.51(3)(a)(ii) deleted bypara. 7 of Sch. 1 to S.I.1989/534 as from9.10 .89 .

1Words omitted in reg.51(3)(a)(ii) by reg. 2(1)of, & para. 8 of the Sch.to, S.I. 2001/3767 asfrom 8.4.02.

12Words in reg. 51(3)(a)(ii)deleted & added by reg.9 of S.I. 1991/1559 asfrom 7.10.91.



6.2766 (–6.2786)

Reg. 51


�1(3A) Paragraph (3) shall not apply in respect of a payment of capital made–(a) under �2or by� the Macfarlane Trust, the Macfarlane (Special Payments)

Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the EileenTrust�2, MFET Limited��3, the Independent Living �4Fund (2006)��5, theSkipton Fund�6, the Caxton Foundation��7, the Scottish Infected BloodSupport Scheme��8, an approved blood scheme��9, the LondonEmergencies Trust, the We Love Manchester Emergency Fund� or the LondonBombings Relief Charitable Fund�;

(b) pursuant to section 2 of the Employment and Training Act 1973 in respect ofa person’s participation–(i) in an employment programme specified in regulation 75(1)(a)(ii) of the

Jobseeker’s Allowance Regulations 1996;(ii) in a training scheme specified in regulation 75(1)(b)(ii) of those

Regulations; or�10(iia) in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of

those Regulations �11�; or�(iii) in a qualifying course within the meaning specified in regulation 17A(7)

of those Regulations.��12(ba) in respect of a person’s participation in �13a scheme prescribed in

regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Personsto Obtain Employment) Regulations 2013� or the Mandatory WorkActivity Scheme;�

�14(c) under an occupational pension scheme�15, in respect of a pension or otherperiodical payment made under a personal pension scheme or a paymentmade by the Board of the Pension Protection Fund� where–(i) a bankruptcy order has been made in respect of the person in respect of

whom the payment has been made or, in Scotland, the estate of thatperson is subject to sequestration or a judicial factor has been appointedon that person’s estate under section 41 of the Solicitors (Scotland) Act1980(a)

(ii) the payment is made to the trustee in bankruptcy or any other personacting on behalf of the creditors; and

(iii) the person referred to in (i) and �16his partner (if any)� does not possess,or is not treated as possessing, any other income apart from thatpayment.�

Reg. 51(3A)(c)(iii) is reproduced below as it was before the amdt. by S.I.2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

(iii) the person referred to in (i) and any member of hisfamily does not possess, or is not treated aspossessing, any other income apart from thatpayment.�

(4) Where a claimant stands in relation to a company in a position analogous tothat of a sole owner or partner in the business of that company, he shall be treated as ifhe were such sole owner or partner and in such a case–

(a) the value of his holding in that company shall, notwithstanding regulation46 (calculation of capital), be disregarded; and

(b) he shall, subject to paragraph (5), be treated as possessing an amount ofcapital equal to the value or, as the case may be, his share of the value of thecapital of that company and the foregoing provisions of this Chapter shallapply for the purposes of calculating that amount as if it were actual capitalwhich he does possess.

(5) For so long as the claimant undertakes activities in the course of the business ofthe company, the amount which he is treated as possessing under paragraph (4) shallbe disregarded.

(6) Where a claimant is treated as possessing capital under any of paragraphs (1) to(4), the foregoing provisions of this Chapter shall apply for the purposes of calculatingits amount as if it were actual capital which he does possess.

�17(7)For the avoidance of doubt a claimant is to be treated as possessing capitalunder paragraph (1) only if the capital of which he has deprived himself is actualcapital.�

14Sub-para. (c) insertedin reg. 51(3A) by reg.2(3)(c) of S.I. 1999/2640 as from 15.11.99.

16Words substituted inreg. 51(3A)(c)(ii i) bypara. 13(c) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

(a ) 1980 c. 46.

10Head (iia) inserted inreg. 51(3A)(b) by reg.15(8) of S.I. 2001/1029as from 9.4.01.

5Words in reg. 51(3A)(a)substituted by reg. 2(3)of S.I. 2005/3391 asfrom 12.12.05.

15Words substituted inreg. 51(3A)(c) by reg.2(3)(c) of S.I. 2006/588as from 6.4.06.

11Words omitted in reg.51(3A)(b)(iia) by reg.2(8)(b) of S.I . 2008/698as from 14.4.08.

17Reg. 51(7) added byreg. 22(c) of S.I. 1988/663 as from 11.4.88.

4Words in reg. 51(3A)(a)substituted by reg.2(6)(c) of S.I. 2008/2767 as from 17.11.08.

1Reg. 51(3A) inserted byreg. 3(2)(b) of S.I.1998/2117 as from24.9 .98 .

3Words in reg. 51(3A)(a)substituted by reg.3(2)(a) of S.I. 2004/2308 as from 4.10.04.

2Words inserted in reg.51(3A)(a) by reg.2(3)(d) & (7)(c) of S.I.2010/641 as from1.4 .10 .

12Sub-para. (ba) insertedin reg. 42(4ZA) by reg.4(6)(a)-(7) of S.I. 2011/1707 as from 5.8.11.

6Words inserted in reg.51(3A)(a) by reg. 7(6)of S.I. 2011/2425 asfrom 31.10.11.

13Words in reg.51(3A)(ba) substitutedby reg. 13(b) of S.I.2013/276 as from 6.45pm. on 12.2.13.

7Words in reg. 51(3A)(a)inserted by reg. 3(3)(c)of S.I. 2017/329 asfrom 3.4.17.





�1(8) In paragraph (3) the expression “ordinary clothing or footwear” meansclothing or footwear for normal daily use, but does not include school uniforms,or clothing or footwear used solely for sporting activities.�

�2Diminishing notional capital rule

51A.—(1) Where a claimant is treated as possessing capital under regulation51(1) (notional capital), the amount which he is treated as possessing–

(a) in the case of a week that is subsequent to–(i) the relevant week in respect of which the conditions set out in

paragraph (2) are satisfied, or

(ii) a week which follows that relevant week and which satisfies thoseconditions,

shall be reduced by an amount determined under paragraph (2);

(b) in the case of a week in respect of which paragraph (1)(a) does not applybut where–

(i) that week is a week subsequent to the relevant week, and

(ii) that relevant week is a week in which the condition in paragraph (3)is satisfied,

shall be reduced by the amount determined under paragraph (3).

(2) This paragraph applies to a benefit week or part week where the claimant satisfiesthe conditions that–

(a) he is in receipt of income support; and

(b) but for regulation 51(1), he would have received an additional amountof income support in that benefit week, or as the case may be, that partweek;

and in such a case, the amount of the reduction for the purposes of paragraph(1)(a) shall be equal to that additional amount.

(3) Subject to paragraph (40, for the purposes of paragraph (1)(b) the conditionis that the claimant would have been entitled to income support in the relevantweek, but for regulation 51(1), and in such a case the amount of the reductionshall be equal to the aggregate of–

(a) the amount of income support to which the claimant would havebeen entitled in the relevant week but for regulation 51(1); and forthe purposes of this sub-paragraph if the relevant week is a part-weekthat amount shall be determined by dividing the amount of incomesupport to which he would have been so entit led by the numberequal to the number of days in the part-week and multiplying thequotient by 7;

(b) the amount of housing benefit (if any) equal to the difference betweenhis maximum housing benefit and the amount (if any) of housingbenefit which he is awarded in respect of the benefit week, within themeaning of regulation 2(1) of �3the Housing Benefit Regulations 2006�(interpretation), which includes the last day of therelevant week;

�4�

�5(d) the amount of council tax benefit (if any) equal to the differencebetween his maximum council tax benefit and the amount (if any) ofcouncil tax benefit which he is awarded in respect of the benefit weekwhich includes the last day of the relevant week, and for this purpose“benefit week” has the same meaning as in �3regulation 2(1) of theCouncil Tax Benefit Regulations 2006� (interpretation).�

(4) The amount determined under paragraph (3) shall be re-determined underthat paragraph if the claimant makes a further claim for income support and theconditions in paragraph (5) are satisfied, and in such a case–


Regs. 51-51A

5Sub-para. (d) added toreg. 51A(3) by para. 4of Sch. to S.I. 1993/315as from 1.4.93.

3Words in reg.51A(3)(b) & (d)substituted by reg. 1(3)& (4) of Sch. 2 to S.I.2006/217 as from6.3 .06 .


1Reg. 51A inserted byreg. 6 of S.I. 1990/1776as from 1.10.90.

4Reg. 51A(3)(c) omittedby reg. 2(8) of S.I.2008/2767 as from17 .11 .08 .





SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Regs. 51A-52


2Words substituted inreg. 52 by reg. 2(2)(e)of S.I. 1998/2250 asfrom 12.10.98.

1Words substituted inreg. 51A(4)(a) by reg.6(2) of S.I. 2001/859.See reg. 1 of S.I. 2001/859 for relevanteffective dates.

(a) sub-paragraphs �1(a) to (d)� of paragraph (3) shall apply as if for thewords “relevant week” there were substituted the words “relevantsubsequent week”; and

(b) subject to paragraph (6), the amount as re-determined shall have effectfrom the first week following the relevant subsequent week in question.

(5) The conditions are that–

(a) a further claim is made 26 or more weeks after–(i) the date on which the claimant made a claim for income support in

respect of which he was first treated as possessing the capital inquestion under regulation 51(1); or

(ii) in a case where there has been at least one re-determination inaccordance with paragraph (4), the date on which he last made aclaim for income support which resulted in the weekly amountbeing re-determined; or

(iii) the date on which he last ceased to be in receipt of income support;

whichever last occurred; and(b) the claimant would have been entitled to income support but for

regulation 51(1).

(6) The amount as re-determined pursuant to paragraph (4) shall not haveeffect if it is less than the amount which applied in that case immediately beforethe re-determination and in such a case the higher amount shall continue to haveeffect.

(7) For the purpose of this regulation–

(a) “part-week” means a period to which sub-section (1A) of section 21 ofthe Act (amount etc. of income support) applies;

(b) “relevant week” means the benefit week or part-week in which thecapital in question of which the claimant has deprived himself withinthe meaning of regulation 51(1)–

(i) was first taken into account for the purpose of determining hisentitlement to income support; or

(ii) was taken into account on a subsequent occasion for the purpose ofdetermining or re-determining his entitlement to income supporton that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing toreceive, income support;

and where more than one benefit week or part-week is identified byreference to heads (i) and (ii) of this sub-paragraph the later or latestsuch benefit week or, as the case may be, the later or latest such part-week;

(c) “relevant subsequent week” means the benefit week or part-week whichincludes the day on which the further claim or, if more than one further claimhad been made, the last such claim was made.�

Capital jointly held

52. Except where a claimant possesses capital which is disregarded underregulation 51(4) (notional capital), where a claimant and one or more persons arebeneficially entitled in possession to any capital asset they shall be treated as ifeach of them were entitled in possession �2to the whole beneficial interest therein inan equal share and the foregoing provisions of this Chapter shall apply for the purposesof calculating the amount of capital which the claimant is treated as possessing as if itwere actual capital which the claimant does possess.�



6.2790

3Reg. 53(1A) to (1C)inserted by reg.12(1)(b)(ii) of S.I.1996/462 as from8.4 .96 .4In reg. 53, (1B)(a) &(b) substituted, (1B)(d)omitted, words in (1C)inserted & substituted &(4) omitted by para. 7of Sch. 1 to S.I. 2005/2687 as from 24.10.05.

(a ) 1947 (c. 19).

8Words substituted inreg. 53(2) and (3) byreg. 12(1)(b)(iii) of S.I.1996/462 as from8.4 .96 .

6Words substituted inpara. (1C)(a) of reg. 53by reg. 8 of S.I. 1997/65 as from 7.4.97, orthe first day of thebenefit week on or afterthat date, whichever isthe later.

5Words substituted inreg. 53(1B)(c) by reg.7(6)(a) of S.I. 1997/2197 as from 6.10.97.

9Words deleted from reg.53(3) by reg 13 of S.I.1988/2022 as from12 .12 .88 .


2In reg. 53 wordsdeleted in paras. (1),(1B), (2) & (3);amounts substituted inpara. (1) & para. (1ZA)omitted by reg. 2(6) ofS.I . 2005/2465.

1Words inserted in reg.53(1) by reg.12(1)(b)(i) of S.I .1996/462 as from8.4 .96 .

7Words omitted fromreg. 53(1C)(a)(i) byreg. 2(1) of, & para. 9of Sch. to, S.I. 2001/3767 as from 8.4.02.

Calculation of tariff income from capital53.—(1) �1Except where the circumstances prescribed in paragraph �2� (1B) apply

to the claimant,� where the claimant’s capital calculated in accordance with this Partexceeds �2£6,000� it shall be treated as equivalent to a weekly income of £1 for eachcomplete £250 in excess of �2£6,000� but not exceeding �2£16,000�.

�2�

�3(1A) Where the circumstances prescribed in paragraph (1B) apply to theclaimant and that claimant’s capital calculated in accordance with this Partexceeds £10,000, it shall be treated as equivalent to a weekly income of £1 foreach complete £250 in excess of £10,000 but not exceeding £16,000.

(1B) For the purposes of paragraph (1A) �2�, the prescribed circumstances are thatthe claimant lives permanently in–

�4(a) a care home or an independent hospital;(b) an Abbeyfield Home;�(c) accommodation provided under section 3 of, and Part II of the

Schedule to, the Polish Resettlement Act 1947(a) (provision ofaccommodation in camps) where the claimant requires personal care�5by reason of old age, disablement, past or present dependence on alcoholor drugs, past or present mental disorder or a terminal illness and the care isprovided in the home�

(d) �4�

(1C) For the purposes of paragraph (1B), a claimant shall be treated as livingpermanently in such home �4 hospital� or accommodation where he is absent–

(a) from a home �4, hospital� or accommodation referred to in sub-paragraph�6(a) �4or (b)� � of paragraph (1B)–(i) �7�

(ii) in any other case, for a period not exceeding 13 weeks;(b) from accommodation referred to in sub-paragraph (c) of paragraph

(1B), where the claimant, with the agreement of the manager of theaccommodation, intends to return to the accommodation in duecourse.�

(2) Notwithstanding�8paragraphs (1) �2� and (1A)�, where any part of the excessis not a complete £250 that part shall be treated as equivalent to a weekly income of£1.

(3) For the purposes of �8paragraphs (1) �2� and (1A)�, capital includes anyincome treated as capital under regulations �9� 48 and 60 (�9�income treated ascapital and liable relative payments treated as capital).

(4) �4�




CHAPTER VII

�1�2� LIABLE RELATIVE PAYMENTS�

Interpretation

54. In this Chapter, unless the context otherwise requires–

�2�

“claimant” includes a young claimant;�3“claimant’s family” shall be construed in accordance with section 137 of theContributions and Benefits Act 1992 (interpretation of part 7 and supplementaryprovisions);“housing costs” means, those costs which may be met under regulation 17(1)(e) or18(1)(f) (housing costs);�

“liable relative” means–(a) a spouse �4, former spouse, civil partner or former civil partner� of a

claimant or of a member of the claimant’s family;

(b) a parent of a child or young person who is a member of the claimant’sfamily or of a young claimant;

(c) a person who has not been adjudged to be the father of a child or youngperson who is a member of the claimant’s family or of a young claimantwhere that person is contributing towards the maintenance of that child,young person or young claimant and by reason of that contribution hemay reasonable by treated as the father of that child, young person oryour claimant;

(d) a person liable to maintain another person �3in the circumstances set outin section 78(6)(c) of the Social Security Administration Act 1992 (liabilityto maintain another person)� where the latter is the claimant or a memberof the claimant’s family,

and, in this definition, a reference to a child’s, young person’s or young claimant’sparent includes any person in relation to whom the child, young person or youngclaimant was treated as a child or a member of the family;

�3“ordinary clothing and footwear” means clothing and footwear for normal dailyuse but does not include school uniforms;�

“payment” means a periodical payment or any other payment made by or

derived from a liable relative �3� but it does not include any payment–(a) arising from a disposition of property made in contemplation of, or as a

consequence of–

(i) an agreement to separate; or(ii) any proceedings for judicial separation, divorce or nullity of marriage;

�4or

(iii) any proceedings for separation, dissolution or nullity in relation to acivil partnership;�

(b) made after the death of the liable relative;

(c) made by way of a gift but not in aggregate or otherwise exceeding £250in the period of 52 weeks beginning with the date on which the payment,or if there is more than one such payment the first payment, is made; and,in the case of a claimant who continues to be in receipt of income supportat the end of the period of 52 weeks, this provision shall continue toapply thereafter with the modification that any subsequent period of 52weeks shall begin with the first day of the benefit week in which the firstpayment is made after the end of the previous period of 52 weeks;

4In defn. of “liablerelative” wordssubstituted & in defn. of“payment” word “or” &para. (a)(iii) inserted bypara. 13(u) of Sch. 3 toS.I. 2005/2877 as from5.12 .05 .

1Heading substituted byreg. 2(5) of S.I. 2008/2111 as from 27.10.08.

3In reg. 54 defns. of“child maintenance”,“claimant’s family”,“housing costs” &“ordinary clothing andfootware” inserted,words substituted indefn. of “liablerelative”, in defn. of“payment” wordsomitted by reg. 2 of S.I.2008/2111 as from27 .10 .08 .

2Words in heading toChapter VII & defn. of“child maintenance” inreg. 54 omitted by reg.2(6) & 10(a) of S.I.2009/2655. See reg.1(6)(a) of the S.I. forthe relevantcommencement date.



(d) �1�


(d) to which regulation 44(2) applies (modifications in respectof children and young persons);

�2(e) made to a third party, or in respect of a third party, unless the payment is–(i) in relation to the claimant or the claimant’s �3partner or is made or

derived from a person falling within sub-paragraph (d) of the definitionof liable relative�; and

(ii) �4� in respect of food, ordinary clothing or footwear, fuel, �4rent forwhich housing benefit is payable, housing costs to the extent that theyare met under regulation 17(1)(e) or 18(1)(f) (housing costs),� counciltax or water charges;�

(f) in kind;

(g) to, or in respect of, a child or young person who is to be treated as notbeing a member of the claimant’s household under regulation 16(circumstances in which a person is to be treated as being or not being amember of the same household);

(h) which is not a periodical payment, to the extent that any amount ofthat payment–

(i) has already been taken into account under this Part by virtue of aprevious claim or determination; or

(ii) has been recovered under section 27(1) of the Act (prevention ofduplication of payments) or is currently being recovered; or

(iii) at the time the determination is made, has been used by the claimantexcept where he has deprived himself of that amount for the purpose ofsecuring entitlement to income support or increasing the amount ofthat benefit;

�3(i) to which paragraph 73 of Schedule 9 (sums to be disregarded in thecalculation of income other than earnings) has been applied to it.�

“periodical payment” means–

(a) a payment which is made or is due to be made at regular intervals �5�;

(b) in a case where the liable relative has established a pattern ofmaking payments at regular intervals, any such payment;

(c) any payment �5 �3� that does not exceed� the amount of income supportpayable had that payment not been made;

(d) any payment representing a commutation of payments to which sub-paragraphs (a) or (b) of this definition applies whether made in arrears orin advance,

but does not include a payment due to be made before the first benefit weekpursuant to the claim which is not so made;

“young claimant” means a person aged 16 or over but under �620� who makes aclaim for income support.

6.2792

Reg. 54


6Words substituted inreg. 54 defn. of “youngclaimant” by reg. 2(5)of S.I. 2006/718 asfrom 10.4.06.

1Para. (d) in defn. ofpayment omitted bypara. 14 of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

2In reg. 54, sub-para.(e) in defn. of“payment” substitutedby reg. 2 of S.I. 2008/2111 as from 27.10.08.

5In defn. of “periodicalpayment” words omitted& substituted by reg.2(6) of S.I . 2008/2111as from 27.10.08.

3In reg. 54, defn. of“payment”, wordssubstituted in sub-para.(e) & sub-para. (i)inserted & wordsomitted in sub-para. (c)defn. of “periodicalpayment” by reg.2(10)(b) & (c) of S.I.2009/2655. See reg.1(6)(a) to this S.I. forthe relevantcommencement date.4Words in reg. 54(e)(ii)of the defn. of“payment” omitted andsubstituted by reg. 2(3)of S.I. 2013/443 asfrom 4.3.13.



Treatment of �1� liable relative payments55. �2Subject to regulation 55A �1�� 1� a payment shall–

(a) to the extent that it is not a payment of income, be treated as income;

(b) be taken into account in accordance with the following provisions ofthis Chapter.

�3Disregard of payments treated as not relevant income

55A. Where the Secretary of State treats any payment as not being relevantincome for the purposes of section 74A of the Social Security Administration Act1992 (payment of benefit where maintenance payments collected by Secretary ofState), that payment shall be disregarded in calculating a claimant’s income.�

Period over which periodical payments are to be taken into account

56.—(1) The period over which a periodical payment is to be taken intoaccount shall be–

(a) in a case where the payment is made at regular intervals, a period equalto the length of that interval;

(b) in a case where the payment is due to be made at regular intervals but isnot so made, such number of weeks as is equal to the number (and anyfraction shall be treated as a corresponding fraction of a week) obtainedby dividing the amount of that payment by the weekly amount of thatperiodical payment as calculated in accordance with regulation 58(4)(calculation of the weekly amount of a liable relative payment);

(c) in any other case, a period equal to a week.

(2) The period under paragraph (1) shall begin on the date on which thepayment is treated as paid under regulation 59 (date on which a liable relativepayment is to be treated as paid).

�4Period over which payments other than periodical payments are to be taken intoaccount

57.—(1) The period over which a payment other than a periodical payment (a“non-periodical payment”) is to be taken account shall be determined as follows.

(2) Except in a case where paragraph (4) applies, the number of weeks over which anon-periodical payment is to be taken into account shall be equal to the numberobtained by dividing that payment by the amount referred to in paragraph (3).

(3) The amount is the aggregate of £2 and–

(a) the amount of income support that would be payable had no payment beenmade.

(b) �1�

(4) This paragraph applies in a case where a liable relative makes a periodicalpayment and a non-periodical payment concurrently and the weekly amount of theperiodical payment (as calculated in accordance with regulation 58) is less than B.

(5) In a case where paragraph (4) applies, the non-periodical payment shall, subjectto paragraphs (6) and (7), be taken into account over a period of the number of weeksequal to the number obtained by applying the formula–

A

B - C

(6) If the liable relative ceases to make periodical payments, the balance (if any) ofthe non-periodical payment shall be taken into account over the number of weeksequal to the number obtained by dividing that balance by the amount referred to inparagraph (3).


Regs. 55-57

6.2793

2Words inserted into reg.55 by reg. 6(2) of S.I.1996/940 as from19.4 .96 .3Reg. 55A inserted byreg. 6(3) of S.I. 1996/940 as from 19.4.96.

1Words in heading to &in reg. 55 & reg.57(3)(b) omitted by reg.2(5), (11) & (12)(a) ofS.I. 2009/2655. See reg.2(6)(a) to this S.I. forthe relevant commence-ment date.

4Reg. 57 substituted byreg. 2(8) of S.I. 2008/2111 as from 27.10.08.



Regs. 57-59


(7) If the amount of any subsequent periodical payment varies, the balance (if any)of the non-periodical payment shall be taken into account over a period of the numberof weeks equal to the number obtained by applying the formula–

D

B - E

(8) The period under paragraph (2) or (4) shall begin on the date on which thepayment is treated as paid under regulation 59 (date on which a liable relative paymentis treated as paid) and the period under paragraph (6) and (7) shall begin on the firstday of the benefit week in which the cessation or variation of the periodical paymentoccurred.

(9) Any fraction which arises by applying a calculation or formula referred to inthis regulation shall be treated as a corresponding fraction of a week.

(10) In paragraphs (4) to (7)–A = the amount of the non-periodical payment;

B = the aggregate of £2 and the amount of income support that would be payablehad the periodical payment not been made �1�;C = the weekly amount of the periodical payment;

D = the balance (if any) of the non-periodical payment;

E = the weekly amount of any subsequent periodical payment.�

Calculation of the weekly amount of a �1� liable relative payment

58.—(1) Where a periodical payment is made or is due to be made at intervalsof one week, the weekly amount shall be the amount of that payment.

(2) Where a periodical payment is made or is due to be made at intervalsgreater than one week and those intervals are monthly, the weekly amount shallbe determined by multiplying the amount of the payment by 12 and dividing theproduct by 52.

(3) Where a periodical payment is made or is due to be made at intervals andthose intervals are neither weekly nor monthly, the weekly amount shall bedetermined by dividing that payment by the number equal to the number ofweeks (including any part of a week) in that interval.

(4) Where a payment is made and that payment represents a commutation ofperiodical payments whether in arrears or in advance, the weekly amount shallbe the weekly amount of the individual periodical payments so commutated ascalculated under paragraphs (1) to (3) as is appropriate.

(5) The weekly amount of a payment to which regulation 57 applies (periodover which payments other than periodical payments are to be taken intoaccount) shall be equal to the amount of the divisor used in calculating theperiod over which the payment or, as the case may be, the balance is to be takeninto account.

Date on which a �1� liable relative payment is to be treated as paid

59.—(1) A periodical payment is to be treated as paid–(a) in the case of a payment which is due to be made before the first benefit

week pursuant to the claim, on the day in the week in which it is due tobe paid which corresponds to the first day of the benefit week;

1Words omitted in reg.57(10) & heading toregs. 58 & 59 by reg.2(5) & (12)(b) of S.I.2009/2655. See reg.2(6)(a) for the relevantcommencement date.



Regs. 59-60E


(b) in any other case, on the first day of the benefit week in which it is due tobe paid unless, having regard to the manner in which income support isdue to be paid in the particular case, it would be more practicable totreat it as paid on the first day of a subsequent benefit week.

(2) Subject to paragraph (3), any other payment shall be treated as paid–

(a) in the case of a payment which is made before the first benefit weekpursuant to the claim, on the day in the week in which it is paid whichcorresponds to the first day of the benefit week;

(b) in any other case, on the first day of the benefit week in which it is paidunless, having regard to the manner in which income support is due tobe paid in the particular case, it would be more practicable to treat it aspaid on the first day of a subsequent benefit week.

(3) Any other payment paid on a date which falls within the period in respect ofwhich a previous payment is taken into account, not being a periodical payment, is tobe treated as paid on the first day following the end of that period.

60. �1�

60A-60E. �1�

1Reg. 60 & ChapterVIIA (regs. 60A-60E)omitted by reg. 2(4) ofS.I. 2008/2111 as from27 .10 .08 .



6.2796 (–6.2820) Supplement No. 127 [March 2020]

CHAPTER VIII

�1STUDENTS�

Interpretation

�261.—(1)� In this Chapter, unless the context otherwise requires–

�3“academic year” means the period of twelve months beginning on 1st January,1st April, 1st July or 1st September according to whether the course in questionbegins in the winter, the spring, the summer or the autumn respectively but ifstudents are required to begin attending the course during August or Septemberand to continue attending through the autumn, the academic year of the courseshall be considered to begin in the autumn rather than the summer;�

�4“access funds” means–(a) grants made under section �568� of the Further and Higher Education

Act 1992(a) �6or section 74 of the Higher Education and Research Act2017� �5� �3for the purpose of providing funds on a discretionary basisto be paid to students�;

(b) grants made under sections 73(a) and (c) and 74(1) of the Education(Scotland) Act 1980(b); �3�

(c) grants made under Article 30 of the Education and Libraries (NorthernIreland) Order 1993(c), or grants, loans or other payments made underArticle 5 of the Further Education (Northern Ireland) Order 1997(d) ineach case being grants, or grants, loans or other payments as the case maybe, made for the purpose of assisting students in financial difficulties;�7�

(d) discretionary payments, known as “learner support funds”, which are madeavailable to students in further education by institutions out of fundsprovided by the �8�9Secretary of State under section 14 of the EducationAct 2002� or the Chief Executive of Skills Funding under sections 100and 101 of �9the Apprenticeships Skills, Children and Learning Act2009�;� �7or

(e) Financial Contingency Funds made available by the �10WelshMinisters�;�

�11“college of further education” means a college of further education within themeaning of Part I of the Further and Higher Education (Scotland) Act 1992;��12“contribution” means–

(a) any contribution in respect of the income of a student or any personwhich the Secretary of State, the Scottish Ministers or an educationauthority takes into account in ascertaining the amount of a student’sgrant or student loan; or

(b) any sums, which in determining the amount of a student’s allowance orbursary in Scotland under the Education (Scotland) Act 1980, the ScottishMinisters or education authority takes into account being sums whichthe Scottish Ministers or education authority consider that it is reasonablefor the following persons to contribute towards the holder’s expenses–

(i) the holder of the allowance or bursary;

(ii) the holder’s parents;(iii) the holder’s parent’s spouse, civil partner or a person ordinarily living

with the holder’s parent as if he or she were the spouse or civil partnerof that parent; or

(iv) the holder’s spouse or civil partner;�

(a ) 1992 c. 13.(b) 1980 c. 44. The functions of the Secretary of State were transferred to Scottish Ministers by

virtue of section 53 of the Scotland Act 1998 (c. 46).(c) S.I. 1993/2810 (N.I. 12).(d) S.I. 1997/1772 (N.I. 15).

2Reg. 61 renumbered61(1) by reg. 5(3) and(5) of S.I. 2000/1981 asfrom 31.7.00.

4Defn. of “access funds”inserted by reg. 2(2) ofS.I. 2000/1922 as from1.8 .00 .

1Words substituted intitle by reg. 2(b) ofS.I.2001/721 as from29.3 .01 .

3Defn. of “academicyear” inserted, wordssubstituted, deleted andinserted in defn. of“access funds” by reg. 2of S.I. 2001/2319 asfrom 1.8.01.

7Word “or” deleted frompara. (c) & para. (e)inserted in defn. of“access funds” by reg.2(1)(a) of S.I. 2002/1589 as from 1.8.02.

Reg. 61

10Words substituted inreg. 61(1)(e) by reg.2(5)(A) of S.I. 2008/3157 as from 5.1.09.

5Words substituted anddeleted in defn. of“access funds” by reg.2(13)(a) & (b) of S.I.2009/2655 as from26 .10 .09 .

8Words substituted inreg. 61(d) by reg.3(3)(a) of S.I. 2010/1941 as from 1.9.10.

11Defn. of “college offurther education”inserted by reg. 6(8) ofS.I. 1996/1944 as from7.10 .96 .12Defn. of “contribution”substituted in reg. 61(1)by reg. 2(9)(a) of S.I.2009/583 as from 6.4.09.

9Words substituted indefn. of “access funds”,reg. 61(d) by reg.3(3)(a) of S.I. 2012/956as from 1.5.12.

6Words inserted in defn.of “access funds” byreg. 15 of S.I. 2019/1027 as from 1.8.19.



6.2821

(a ) 1944 c. 31, as amended by S.I. 1974/595, article 3(22), Schedule 1, Part I and by S.I.1977/293, article 4(1).

(b) 1973 c. 65.(c) S.I. 1986/594 (N.I. 3).(d) 1965 c. 4.

1Defn. of “course ofadvanced education”substituted by reg. 6(8)of S.I. 1996/1944 asfrom 7.10.96.


5Defn. of “full-timecourse of advancededucation” inserted byreg. 6(8)(b) of S.I. 1996/1944 as from 7.10.96.6Words omitted fromdefn. of “full-timecourse of advancededucation” by reg.5(3)(a) of S.I. 2000/1981 as from 31.7.00.

4Defn. of “the FEFC”deleted by reg. 3 of S.I.2001/652 as from 1.4.01.

�1“course of advanced education“ means–(a) a course leading to a postgraduate degree or comparable qualification, a

first degree or comparable qualification, a diploma or higher educationor a higher national diploma; or

(b) any other course which is of a standard above advanced GNVQ orequivalent, including a course which is of a standard above a generalcertificate of education (advanced level), �2a Scottish nationalqualification (higher or advanced higher);��

“covenant income” means the income �3� payable to a student under aDeed of Covenant by a person whose income is, or is likely to be taken intoaccount in assessing the student’s grant or award;“education authority” means a government department, a local educationauthority as defined in section 114(1) of the Education Act 1944(a)(interpretation), �3a local education authority as defined in section 123 of theLocal Government (Scotland) Act 1973(b)� an education and library boardestablished under Article 3 of the Education and Libraries (Northern Ireland)order 1986(c), any body which is a research council for the purposes of the Scienceand Technology Act 1965(d) or any analogous government department, authority,board or body, of the Channel Islands, Isle of Man or any other country outsideGreat Britain.�4�

�5“full-time course of advanced education” means a course of advanced educationwhich is �6�–

(a) �7� a full-time course of study which is not funded in whole or in part by�8the �9�10Secretary of State under section 14 of the Education Act

3Words deleted from defn.of “covenant income” andwords substituted in defn.of “education authority”by reg. 6(8) of S.I. 1996/1944 as from 7.10.96.

2Words in the defn. of“course of advancededucation” substituted byreg. 5(1) of S.I. 2004/1708 as from 9.7.04.

7Words omitted fromdefn. of “full-timecourse of advancededucation” by reg.5(3)(a) of S.I. 2000/1981 as from 31.7.00.8Words in para. (a) &para. (b) substituted indefn. of “full-time courseof advanced education”and “full-time course ofstudy” by reg. 3 of S.I.2001/652 as from 1.4.01.

9Words substituted inreg. 61 defn. of “full-time course of advancededucation” by reg.3(b)(i) of S.I. 2010/1941 as from 1.9.10.10Words substituted inreg. 61(1) defn. of“full-time course ofadvanced education” byreg. 3(3)(b) of S.I.2012/956 as from1.5 .12 .




(a ) The Council was established by section 30 of the Learning and Skills Act 2000 (c. 21).

2002�, the Chief Executive of Skills Funding� or by the �1WelshMinisters�� or a full-time course of study which is not funded in wholeor in part by the �2Scottish Ministers� at a college of further educationor a full-time course of study which is a course of higher education and isfunded in whole or in part by the �2Scottish Ministers�;

� 3(b) a course of study which is funded in whole or in part by the �4�5Secretaryof State under section 14 of the Education Act 2002�, the Chief Executiveof Skills Funding� or by the �1Welsh Ministers� if it involves more than16 guided learning hours per week for the student in question, accordingto the number of guided learning hours per week for that student set out–

�4(i) in the case of a course funded by the �5Secretary of State undersection 14 of the Education Act 2002� or the Chief Executive ofSkills Funding, in the student’s learning agreement signed onbehalf of the establishment which is funded by either of those�5persons� for the delivery of that course; or�

(ii) in the case of a course funded by the �1Welsh Ministers�, in adocument signed on behalf of the establishment which is fundedby that Council for the delivery of that course; or�

(c) �6� a course of study (not being higher education) which is funded inwhole or in part by the �2Scottish Ministers� at a college of furthereducation if it involves–

(i) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teachingstaff according to the number of hours set out in a documentsigned on behalf of the college; or

(ii) 16 hours or less per week of classroom-based or workshop-basedprogrammed learning under the direct guidance of teaching staffand it involves additional hours using structured learningpackages supported by the teaching staff where the combinedtotal of hours exceeds 21 per week, according to the number ofhours set out in a document signed on behalf of the college;�

�7“full-time course of study” means a full-time course of study which–

(a) is not funded in whole or in part by �2the �4�5Secretary of State undersection 14 of the Education Act 2002�� or the Chief Executive of SkillsFunding� or by the �1Welsh Ministers�(a)�

or a full-time course of study which is not funded in whole or in part by the�2Scottish Ministers� at a college of further education or a full-time courseof study which is a course of higher education and is funded in whole or inpart by the �2Scottish Ministers�;

�7(b) a course of study which is funded in whole or in part by the �4�5Secretaryof State under section 14 of the Education Act 2002� or the ChiefExecutive of Skills Funding� or by the �1Welsh Ministers� if it involvesmore than 16 guided learning hours per week for the student in question,according to the number of guided learning hours per week for thatstudent set out–

�4(i) in the case of a course funded by the �5Secretary of State undersection 14 of the Education Act 2002� or the Chief Executive ofSkills Funding, in the student’s learning agreement signed onbehalf of the establishment which is funded by either of those�5persons� for the delivery of that course; or�

(ii) in the case of a course funded by the �1Welsh Ministers�, in adocument signed on behalf of the establishment which is fundedby that Council for the delivery of that course; or�

(c) is not higher education and is funded in whole or in part by the �2ScottishMinisters� at a college of further education if it involves–

(i) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teachingstaff according to the number of hours set out in a document signedon behalf of the college; or

3Words in para. (a) &para. (b) substituted indefn. of “full-time courseof advanced education”and “full-time course ofstudy” by reg. 3 of S.I.2001/652 as from 1.4.01.

1Words substituted indefn. “full-time courseof advanced education”and “full-time courseof study” by reg.2(5)(b) of S.I. 2008/3157 as from 5.1.09.2Words substituted indefn. of “full-timecourse of advancededucation” and “full-time course of study” byreg. 2(3) of S.I. 2001/2319 as from 1.8.01.

7Defn. of “full-timecourse of study” insertedby reg. 6(8)(b) of S.I.1996/1944 as from7.10 .96 .

4Words substituted inreg. 61 defn. of “full-time course of advancededucation” & “full-timecourse of study” by reg.3(b)(i)-(ii) & (c) of S.I.2010/1941 as from1.9 .10 .

6Words omitted fromdefn. of “full-timecourse of advancededucation” by reg.5(3)(a) of S.I. 2000/1981 as from 31.7.00.

5Words substituted inreg. 61(1) defn. of“full-time course ofadvanced education and“full-time course ofstudy” by reg. 3(3)(b)& (c) of S.I. 2012/956as from 1.5.12.



6.2823

8Defn. of “last day ofthe course” inserted andwords in reg. 61substituted and insertedby reg. 10 of S.I. 1991/1559 as from 5.8.91.

(a ) 1992 c. 37.(b) S.I. 2016/606.

7Defn. of “highereducation” inserted byreg. 6(8)(b) of S.I.1996/1944 as from7.10 .96 .

5Words in para. (c) ofdefn. of “grant income”substituted by reg. 5(5)of S.I. 1997/2197 asfrom 6.10.97.


1Defn. of “full-timestudent” inserted by reg.5(3)(b) of S.I. 2000/1981 as from 31.7.00.

3Defn. of “grant”substituted by reg. 2(2)of S.I. 2000/1922 asfrom 1.8.00.

(ii) 16 hours or less per week of classroom-based or workshop-basedprogrammed learning under the direct guidance of teaching staffand it involves additional hours using structured learningpackages supported by the teaching staff where the combined totalof hours exceeds 21 per week, according to the number of hoursset out in a document signed on behalf of the college;�

�1“full-time student” �2means a person who is not a qualifying young person orchild within the meaning of section 142 of the Contributions and Benefits Act(child and qualifying young person) and� who is–(a) aged less than 19 and is attending or undertaking a full-time course of

advanced education;(b) aged 19 or over but under pensionable age and is attending or undertaking a

full-time course of study at an educational establishment; or(c) on a sandwich course;�

�3“grant” (except in the definition of “access funds”) means any kind of educationalgrant or award and includes any scholarship, studentship, exhibition, allowanceor bursary but does not include a payment from access funds �4or any payment towhich paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 applies�;�“grant income” means–

(a) any income by way of a grant;(b) in the case of a student other than one to whom sub-paragraph (c) refers,

any contribution which has been assessed whether or not it has beenpaid;

(c) in the case of a student to whom �5paragraph 1 ,2, 10, 11��6, 12 or 15A ofSchedule 1B applies (lone parent, disabled student or persons ineducation)�, any contribution which has been assessed and which hasbeen paid;

and any such contribution which is paid by way of a covenant shall be treated aspart of the student’s grant income.�7“higher education” means higher education within the meaning of Part II of theFurther and Higher Education (Scotland) Act 1992(a);��8“last day of the course” means the date on which the last day of the final academicterm falls in respect of the course in which the student is enrolled;�“period of study” means–

(a) in the case of a course of study for one year or less, the period beginningwith the start of the course �8and ending with the last day of the course;�

(b) in the case of a course of study for more than one year, in the first or, as thecase may be, any subsequent year of the course, �8other than the finalyear of the course,� the period beginning with the start of the course or,as the case may be, that year’s start and ending with either–

�9(i) the day before the start of the next year of the course in a casewhere the student’s grant or loan is assessed at a rate appropriateto his studying throughout the year or, if he does not have a grantor loan, where a loan would have been assessed at such a rate hadhe had one; or�

(ii) in any other case the day before the start of the normal summer vacationappropriate to his course;

�10(c) in the final year of a course of study of more than one year, the periodbeginning with that year’s start and ending with the last day of thecourse;�

�11“periods of experience” means periods of work experience which form part ofa sandwich course;�;�12“postgraduate master’s degree loan” means a loan which a student is eligible toreceive under the Education (Postgraduate Master’s Degree Loans) Regulations2016(b);�

4Words inserted in defn.of “grant” by reg.5(1)(b) of S.I. 2004/1708 as from 1.8.04where students course ofstudy begins on or afterthat date but before1.9.04, or 1.9.04 in anyother case.

2Words substituted indefn. of “full-timestudent” by reg. 2(6)ofS.I. 2006/718 as from10.4 .06 .

6Words substituted indefn. of “grant income”in reg. 61(1) by reg.2(9)(b) of S.I. 2009/583 as from 6.4.09.

10Para. (c) added to defn.of “period of study” byreg. 10(b)(iii) of S.I.1991/1559 as from5.8 .91 .

9Para. (b)(i) of defn. of“period of study”substituted by reg. 2(3)of S.I. 2000/1922 asfrom 1.8.00.

11Defn. of “periods ofexperience” substitutedby reg. 2(1)(b) of S.I.2002/1589 as from1.8 .02 .12Words in reg. 61(1)inserted by reg. 2(2) ofS.I. 2016/743 as from4.8 .16 .



6.2824

6Defn. of “student”substituted by reg.5(3)(d) of S.I. 2000/1981 as from 31.7.00.7Defn. of “student loan”inserted by reg. 3(1)(b)of S.I. 1999/1935 asfrom 30.8.99 (or duringAugust 1999 if reg.1(1)(b)(i) ibid applies).

9Para. (2) inserted inreg. 61 by reg. 5(4) ofS.I. 2000/1981 as from31.7 .00 .


Reg. 61

8Words inserted in defn.of student loan anddefn. of “year” deletedby reg. 2 of S.I. 2001/2319 as from 1.8.01.

�1“sandwich course” has the meaning prescribed in regulation 2(9) of theEducation (Student Support) Regulations 2008(a), regulation 4(2) of the Education(Student Loans) (Scotland) Regulations 2007(b), regulation 2(8) of the Education(Student Support) Regulations (Northern Ireland) 2007(c)�,�2“standard maintenance grant” means–

(a) except where paragraph (b) or (c) applies, in the case of a studentattending �3or undertaking� a course of study at the University of Londonor an establishment within the area comprising the City of London andthe Metropolitan Police District, the amount specified for the timebeing in paragraph 2(2)(a) of Schedule 2 to the Education(Mandatory Awards) Regulations 1995 (“the 1995 Regulations”) for sucha student;

(b) except where paragraph (c) applies, in the case of a student residing athis parent’s home, the amount specified in paragraph 3(2) thereof;

�4(c) in the case of a student receiving an allowance or bursary under theEducation (Scotland) Act 1980(d), the amount of money specified as“standard maintenance allowance” for the relevant year appropriate forthe student set out in the Student Support in Scotland Guide issued bythe Student Awards Agency for Scotland(e), or its nearest equivalent inthe case of a bursary provided by a college of further education or a localeducation authority �5�;

(d) in any other case, the amount specified in paragraph 2(2) of Schedule 2to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;�

Those parts of Schedules 2 and 5 to the Education (Mandatory Awards) Regulations 1998 (S.I.

1998/1166) which are mentioned in the last three definitions, are reproduced at Annex 2 to this S.I.

�6“student” means a person, other than a person in receipt of a trainingallowance, who is attending or undertaking a course of study at an educationalestablishment;��7“student loan” means a loan towards a student’s maintenance pursuant to anyregulations made under section 22 of the Teaching and Higher Education Act1998(f) section 73 of the Education (Scotland) Act 1980(g) or Article 3 of theEducation (Student Support) (Northern Ireland) Order 1998(h) �8and shall include,in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students’Allowances (Scotland) Regulations 1999(i)�;��8�

�9(2) For the purposes of the definition of “full-time student” in paragraph (1), aperson shall be regarded as attending or, as the case may be, undertaking a full-timecourse of study, a full-time course of advanced education or as being on a sandwichcourse–

(a) subject to paragraph (3), in the case of a person attending or undertaking apart of a modular course which would be a full-time course of study for thepurposes of this Part, for the period beginning on the day on which that partof the course starts and ending–

(i) on the last day on which he is registered with the educationalestablishment as attending or undertaking that part as a full-time courseof study; or

4Para. (c) of defn. of“standard maintenancegrant” substituted byreg. 2 of S.I. 2001/2319 as from 1.8.01.

5Words in para. (c) ofDefn. of “standardmaintenance grant”omitted by reg. 2(9) &(c) of S.I. 2008/2767 asfrom 17.11.08.

3Words inserted in para.(a) of defn. of “standardmaintenance grant” byreg. 5(3)(c) of S.I.2000/1981 as from31.7 .00 .

2Defn. of “standardmaintenance grant”substituted by reg.6(8)(a) of S.I. 1996/1944 as from 7.10.96.

(a ) S.I. 2008/529.(b) S.S.I 2007/154.(c) S.R. (NI) 2007 No. 195.(d) 1980 c. 44.(e) The relevant leaflets are SA52, SA54 and SA56.( f ) 1998 c. 30; see the Education (Student Support) Regulations 1999 (S.I. 1999/496) and the

Education (Student Loans) Regulations 1998 (S.I. 1998/211).(g ) 1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998

(c. 30), section 29(1); see the Education (Student Loans) Regulations 1999. (S.I. 1999/1001(s. 71)) and the Education (Student Loans) Regulations 1998.

(h) S.I. 1998/1760 (N.I. 14); see the Education (Student Support) Regulations (NorthernIreland) 1999 (S.R. 1999 No. 192) for loans to students commencing courses after 1stSeptember 1998.

(i) S.I. 1999/1131 (s. 91).

1Defn. of “sandwichcourse” substituted byreg. 2(9)(b) of S.I.2008/2767 as from17 .11 .08 .



(ii) on such earlier date (if any) as he finally abandons the course or isdismissed from it;

(b) in any other case, throughout the period beginning on the date on which hestarts attending or undertaking the course and ending on the last day of thecourse or on such earlier date (if any) as he finally abandons it or is dismissedfrom it.�

�1(3) For the purpose of sub-paragraph (a) of paragraph (2), the period referred to inthat sub-paragraph shall include–

(a) where a person has failed examinations or has failed to successfully completea module relating to a period when he was attending or undertaking a part ofthe course as a full-time course of study, any period in respect of which heattends or undertakes the course for the purpose of retaking thoseexaminations or that module;

(b) any period of vacation within the period specified in that paragraph orimmediately following that period except where the person has registeredwith the educational establishment to attend or undertake the final modulein the course and the vacation immediately follows the last day on which heis required to attend or undertake the course.

(4) In paragraph (2), “modular course” means a course of study which consists oftwo or more modules, the successful completion of a specified number of which isrequired before a person is considered by the educational establishment to havecompleted the course.�

Calculation of grant income

62.—(1) The amount of a student’s grant income to be taken into account shall,subject to �2paragraphs �3(2) and (2A)��, be the whole of his grant income.

(2) There shall be disregarded from the amount of a student’s grant income anypayment–

(a) intended to meet tuition fees or examination fees;

(b) �4�

(c) intended to meet additional expenditure incurred by a disabled studentin respect of his attendance on a course;

(d) intended to meet additional expenditure connected with term timeresidential study away from the student’s educational establishment;

(e) on account of the student maintaining a home at a place other than thatat which he resides while attending his course but only to the extent thathis rent �5� is not met by housing benefit;

(f) on account of any other person but only if that person is residingoutside of the United Kingdom and there is no applicable amount in respectof him;

(g) intended to meet the cost of books and equipment �4� �6�

(h) intended to meet travel expenses incurred as a result of his attendanceon the course.

�7(i) intended for the maintenance �8� of a child dependant;�

�8(j) intended for the child care costs of a child dependant.�

Regs. 61-62


2Words substituted inreg. 62(1) by reg. 20 ofS.I. 1992/2155 as from5.10 .92 .3Words substituted in reg.62(1) by reg. 2(4)(a) ofS.I. 2000/1922 as from1.8.00.4Reg. 62(2)(b) deletedand words deleted fromreg. 62(2)(g) by reg.6(9) of S.I . 1996/1944as from 7.10.96.

6Words deleted in reg.62(2)(g) by reg. 3 ofS.I. 1999/1935 as from30.8.99 (or duringAugust 1999 if reg.1(1)(b)(i) ibid applies).7Reg 62(2)(i) inserted,by para. 16(a) & (c) ofSch. 1 to S.I. 2003/455as from 6.4.04 or latersee reg. 1 ibid.8Words omitted in reg.62(2)(i) & sub-para. (j)added by reg. 3(3)(a) &(b) of S.I. 2004/1708 asfrom 1.9.04 (or duringAugust 2004 if reg.1(1)(b)(i) (ibid) applies).

5Words deleted in reg.62(2)(e) by reg. 3(4) ofS.I. 2005/574 as from4.4 .05 .

1Para. (3) & (4) insertedin reg. 61 by reg. 5(4)of S.I. 2000/1981 asfrom 31.7.00.




Supplement No. 121 [Dec 2017]6.2826 (–6.2842)

(a ) 1989 c. 41. Provisions relating to higher education bursaries for care leavers were insertedinto the Children Act 1989 by the Children and Young Persons Act 2008 (c. 23).

(b) S.I. 1999/1494.

�1(k) of higher education bursary for care leavers made under Part III of the ChildrenAct 1989(a) �2or Part 6 of the Social Services and Well-being (Wales) Act2014.��

�3(2A) Where a student does not have a student loan �4or a postgraduate master’sdegree loan� and is not treated as possessing �4a student loan or a postgraduatemaster’s degree loan�, there shall be excluded from the student’s grant income–

(a) the sum of �5�6£303� per academic year� in respect of travel costs; and

�7(b) the sum of �5�6£390� per academic year� towards the costs of books andequipment,�

whether or not any such are incurred.�

(2B) �8�

(3) �9Subject to paragraph (3B), a student’s grant income except any amountintended for the maintenance of �10adult� dependants under Part III of Schedule 2 tothe Education (Mandatory Awards) Regulations 1999(b)� �10� shall be apportioned–

3Reg. 62(2A) substitutedby reg. 3 of S.I. 1999/1935 as from 30.8.99(or during August 1999if reg. 1(1)(b)(i) (ibid)applies).

1Reg. 62(2)(k) inserted byreg. 2(10) of S.I. 2009/583 as from 6.4.09.

7Reg. 62(2A)(b)substituted by reg. 3 ofS.I. 2001/2319 as from27.8.01 (or duringAugust 2001 if reg. 1(ibid) applies).8Para. (2B) omitted byreg. 2(6) of S.I. 2005/1807 as from 1.9.05 (orduring August if reg.1(2)(a) (ibid) applies)except in a case wherereg. 2(8) (ibid) applies,in which case sub-paras.(a) & (b) are omitted.

6Amounts in reg. 62(2A)substituted by regs.2(2), (3) & (4)(a) ofS.I. 2009/1575 as from1.9.09 (or duringAugust 2009 if reg.1(3)(a) (ibid) applies).

5Words in reg. 62(2A)substituted by reg.2(2)(a) & (b) of S.I.2007/1632 as from1.9.07 (or duringAugust 07 if reg.1(3)(a) (ibid) applies).

10Words in reg. 62(3)substituted and omittedby para. 16(a) & (c) ofSch. 1 to S.I. 2003/455as from 6.4.04 or latersee reg. 1 ibid.

Reg. 62

4Words in reg. 62(2A)inserted & substitutedby reg. 2(3) of S.I.2016/743 as from4.8 .16 .

2Words added to reg.62(2)(k) by art. 2(4) ofS.I. 2017/901 as from3.11 .17 .




Reg. 62(a) subject to paragraph (4), in a case where it is attributable to the period

of study, equally between the weeks �1in the period beginning with thebenefit week, the first day of which coincides with, or immediately follows,the first day of the period of study and ending with the benefit week, the lastday of which coincides with, or immediately precedes, the last day of theperiod study�;

(b) in any other case, equally between the weeks in the period �1beginning withthe benefit week, the first day of which coincides with, or immediately follows,the first day of the period for which it is payable and ending with the benefitweek, the last day of which coincides with, or immediately precedes, the lastday of the period for which it is payable�.

Reg. 62(3) is reproduced below as it was before the amdt. by S.I. 2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 for details ofwhen to apply this version.

(2B) �2�

(3) �3Subject to paragraph (3B), a student’s grant income exceptany amount intended for the maintenance of dependants underPart III of Schedule 2 to the Education (Mandatory Awards)Regulations 1999(a) or intended for an older student under PartIV of that Schedule� shall be apportioned–

(a) subject to paragraph (4), in a case where it is attributableto the period of study, equally between the weeks �4inthe period beginning with the benefit week, the first dayof which coincides with, or immediately follows, the firstday of the period of study and ending with the benefitweek, the last day of which coincides with, or immediatelyprecedes, the last day of the period study�;

(b) in any other case, equally between the weeks in the period�4beginning with the benefit week, the first day of whichcoincides with, or immediately follows, the first day ofthe period for which it is payable and ending with thebenefit week, the last day of which coincides with, orimmediately precedes, the last day of the period for whichit is payable �

Those parts of Sch. 2 to the Education (Mandatory Awards) Regulations 2002 (S.I. 2002/1330)which are mentioned in reg. 62(2A) and (3) above are reproduced, as later re-enacted withmodifications, at Annex 2 to this S.I.

�5(3A) �6Any grant in respect of �7an adult dependant� paid under section 63(6)of the Health Services and Public Health Act 1968(b) (grants in respect of the provisionof instruction to officers of hospital authorities) and� any amount intended for themaintenance of �7an adult dependant� or for an older student under the provisionsreferred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or,if there are 53 benefit weeks (including part-weeks) in the year, 53.�

�8(3B) �9In a case where a student is in receipt of a student loan or where he couldhave acquired a student loan by taking reasonable steps but had not done so,� anyamount intended for the maintenance of �7an adult dependant� under provisionsother than those referred to in paragraph (3) shall be apportioned over the same periodas the student’s loan is apportioned �9, as the case may be, would have beenapportioned.��

Reg 62(3A) & (3B) is reproduced below as it was before the amdt. by S.I.2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

�10(3A) �11Any grant in respect of dependants paid undersection 63(6) of the Health Services and Public Health Act 1968(c)(grants in respect of the provision of instruction to officers ofhospital authorit ies) and� any amount intended for themaintenance of dependants or for an older student under theprovisions referred to in paragraph (3) shall be apportionedequally over a period of 52 weeks or, if there are 53 benefit weeks(including part-weeks) in the year, 53.�

5Reg. 62(3A) inserted byreg. 24(b) of S.I. 1988/663 as from 11.4.88.

8Para. (3B) inserted inreg. 62 by reg. 2(4)(e)of S.I. 2000/1922 asfrom 1.8.00.

(a ) S.I. 1999/1494.(b) 1968 c. 46.(c) 1968 c. 46.

6Words inserted in reg.62(3A) by reg. 6 of S.I.2001/2319 as from27.8.01 (or duringAugust 2001 if reg. 1(ibid) applies).

9Words inserted andsubstituted in para. (3B)by reg. (4)(5)(a) of S.I.2002/1589 as from26.8.02 (or duringAugust 2002 if reg.1(1)(b)(i) ibid applies).

7Words substituted inreg. 62(3A) & (3B) byparas. 16(d) & (e) ofSch. 1 to S.I. 2003/455as from 6.4.04.

10Reg. 62(3A) inserted byreg. 24(b) of S.I. 1988/663as from 11.4.88.

3Words substituted in reg.62(3) by reg. 2(4) of S.I.2000/1922 as from 1.8.00.

4Words added in reg.62(3)(a) & (b) by reg.4(3)(b) of S.I. 2002/1589as from 26.8.02.

11Words inserted in reg.62(3A) by reg. 6 of S.I.2001/2319 as from 27.8.01(or during August 2001 ifreg. 1 (ibid) applies).

2Reg. 62(2B) omitted byreg. 4(3) of S.I. 2006/7152as from 1.9.06 or duringAugust 06 if reg. 1(2)(b)ibid applies.

1Words added in reg.62(3)(a) & (b) by reg.4(3)(b) of S.I. 2002/1589 as from 26.8.02(or during August 2002if reg. 1(1)(b)(i) ibidapplies).







5Words substituted inreg. 64(1)(b) by reg.5(4) of S.I. 1992/468 asfrom 6.4.92.


�1(3B) �2In a case where a student is in receipt of a studentloan or where he could have acquired a student loan by takingreasonable steps but had not done so,� any amount intendedfor the maintenance of dependants under provisions other thanthose referred to in paragraph (3) shall be apportioned over thesame period as the student’s loan is apportioned�2, as the casemay be, would have been apportioned.��

(4) In the case of a student on a sandwich course, any periods of experience withinthe period of study shall be excluded and the student’s grant income shall beapportioned equally between �3the weeks in the period beginning with the benefitweek, the first day of which immediately follows the last day of period of experienceand ending with the benefit week, the last day of which coincides with, or immediatelyprecedes, the last day of the period of study�.

Calculation of covenant income where a contribution is assessed

63.—(1) Where a student is in receipt of income by way of a grant during a periodof study and a contribution has been assessed, the amount of his covenant income tobe taken into account for that period and any summer vacation immediately followingshall be the whole amount of his covenant income less, subject to paragraph (3), theamount of the contribution.

(2) The weekly amount of the student’s covenant income shall be determined–(a) by dividing the amount of income which falls to be taken into account under

paragraph (1) by 52 or, if there are 53 benefit weeks (including part weeks) inthe year, 53; and

(b) by disregarding from the resulting amount, £5.

(3) For the purposes of paragraph (1), the contribution shall be treated as increasedby the amount, if any, by which the amount excluded under �4regulation 62(2)(h)(calculation of grant income) falls short of the amount for the time being specified inparagraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations1991 (travel expenditure).�Para. 7(4)(i) of Sch. 2 to the Education (Mandatory Awards) Regulations 1998 is reproduced, aslater re-enacted with modifications, at Annex 2 to this S.I.

Covenant income where no grant income or no contribution is assessed

64.—(1) Where a student is not in receipt of income by way of a grant the amount ofhis covenant income shall be calculated as follows–

(a) any sums intended for any expenditure specified in regulation 62(2)(a) to (f),(calculation of grant income) necessary as a result of his attendance on thecourse, shall be disregarded;

(b) any covenant income, up to the amount of the standard maintenance grant,which is not so disregarded, shall be apportioned equally between the weeksof the period of study and there shall be disregarded from the covenant incometo be so apportioned the amount which would have been disregarded under�5regulation 62(2)(g) and (h) and (2A)� (calculation of grant income) hadthe student been in receipt of the standard maintenance grant;

(c) the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks(including part weeks) in the year, 53 and treated as weekly income of which£5 shall be disregarded.

(2) Where a student is in receipt of income by way of a grant and no contributionhas been assessed, the amount of his covenant income shall be calculated in accordancewith sub-paragraphs (a) to (c) of paragraph (1), except that–

(a) the value of the standard maintenance grant shall be abated by the amount ofhis grant income less an amount equal to the amount of any sums disregardedunder regulation 62(2)(a) to (f); and

(b) the amount to be disregarded under paragraph (1)(b) shall be abated byan amount equal to the amount of any sums disregarded under �6regulation62(2)(g) and (h) and (2A)�.

1Para. (3B) inserted in reg.62 by reg. 2(4)(e) of S.I.2000/1922 as from 1.8.00.2Words inserted andsubstituted in paras. (3B)by reg. (4)(5)(a) of S.I.2002/1589 as from 26.8.02(or during August 2002 ifreg. 1(1)(b)(i) ibid applies).

3Words added in reg.62(4) by reg. 4(7) ofS.I. 2002/1589 as from26.8 .02 .

6Words substituted inreg. 64(2)(b) by reg.5(4) of S.I. 1992/468 asfrom 6.4.92.


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Regs. 65-66A


Relationship with amounts to be disregarded under Schedule 9

65. No part of a student’s covenant income or grant income shall bedisregarded under paragraph 15 of Schedule 9 (charitable and voluntarypayments) �1�.

Other amounts to be disregarded

66.—(1) for the purposes of ascertaining income �2other than grant income,covenant income and loans treated as income in accordance with regulation66A(a)�, any amounts intended for any expenditure specified in regulation62(2) (calculation of grant income) necessary as a result of his attendance on thecourse shall be disregarded but only if, and to the extent that, the necessaryexpenditure exceeds or is likely to exceed the amount of the sums disregardedunder regulation 62(2) �2and (2A)�, 63(3)�3, 64(1)(a) or (b) and 66A(5) (calculationof grant income, covenant income and treatment of student loans)� on likeexpenditure.

(2) Where a claim is made in respect of any period in the normal summer vacationand any income is payable under a Deed of Covenant which commences or takes effectafter the first day of that vacation, that income shall be disregarded.

�4Treatment of student loans ��5and postgraduate master’s degree loans��

66A.—�6(1) A student loan �5and a postgraduate master’s degree loan� shall betreated as income �7�.

(1A) �7�

(2) In calculating the weekly amount of the loan to be taken into account as income–�8(a) in respect of a course that is of a single academic year’s duration or less, a

loan which is payable in respect of that period shall be apportioned equallybetween the weeks in the period beginning with–(i) except in a case where (ii) below applies, the benefit week, the first day

of which coincides with, or immediately follows, the first day of thesingle academic year;

(ii) where the student is required to start attending the course in August orwhere the course is of less than an academic year’s duration, the benefitweek, the first day of which coincides with, or immediately follows, thefirst day of the course;

and ending with the benefit week, the last day of which coincides with, orimmediately precedes, the last day of the course;�

�9(aa) in respect of an academic year of a course which starts other than on 1stSeptember, a loan which is payable in respect of that academic year shall beapportioned equally between the weeks in the period beginning with thebenefit week�10, the first day of which coincides with, or immediately follows,the first day of that academic year and ending with the benefit week, the lastday of which coincides with, or immediately precedes,� the last day of thatacademic year but excluding any benefit weeks falling entirely within thequarter during which, in the opinion of the Secretary of State, the longest ofany vacation is taken and for the purposes of this sub-paragraph, “quarter”shall have the same meaning as for the purposes of the Education (StudentSupport) Regulations 2001.�

(b) in respect of the final academic year of a course (not being a course of asingle year’s duration), a loan which is payable in respect of that final academicyear shall be apportioned equally between the weeks in the period beginningwith the �10�–

2Words substituted andinserted in reg. 66(1) byreg. 5 of S.I. 1994/527as from 11.4.94.

4Reg. 66A inserted byreg. 5(7) of S.I. 1990/1549 as from 1.9.90.

3Words substituted inreg. 66 by reg. 3(4) ofS.I. 1999/1935 as from30.8.99 (or duringAugust 1999 if reg.1(1)(b)(i) ibid applies).

6Paras. (1), (1A) & (2)substituted for paras. (1)& (2) of reg. 66A byreg. 2(5) of S.I. 2000/1922 as from 1.8.00.

9Sub-para. (aa) insertedin reg. 66A(2) by reg. 4of S.I. 2001/2319 asfrom 27.8.01 (or duringAugust 2001 if reg. 1(ibid) applies).

8Para. (a) of reg.66A(2) substituted byreg. 5 of S.I. 2002/1589 as from 26.8.02(or during August 2002if reg. 1(1)(b)(i) ibidapplies.)

10Words substituted inpara. (aa) & omittedfrom para (b) of reg.66A(2) by reg. (5)(3) &(4) of S.I. 2002/1589 asfrom 26.8.02 (or duringAugust 2002 if reg.1(1)(b)(i) ibid applies).

(a ) Reg. 66A was inserted by S.I. 1990/1549 and amended by S.I. 1991/236 and 559.

1Words omitted in reg.65 by reg. 5(5) of S.I.2006/2378. See reg. 1of S.I. 2006/2378 forrelevant effective dates.

7Words in reg. 66A(1)omitted & para. (1A)deleted by reg. 2(10) ofS.I. 2008/2767 as from17 .11 .08 .

5Words in heading toreg. 66A added & wordsinserted in reg. 66A(1)by reg. 2(4) of S.I.2016/743 as from4.8 .16 .


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Reg. 66A

6.2847

3Para. (3) substitutedand paras. (4) & (5)inserted by reg. 3(5)(b)of S.I. 1999/1935 asfrom 30.8.99 (or duringAugust 1999 if reg.1(1)(b)(i) ibid applies).


�1(i) except in cases where (ii) below applies, the benefit week, the first dayof which coincides with, or immediately follows, the first day of thatacademic year;

(ii) where the final academic year starts on 1st September, the benefit week,the first day of which coincides with, or immediately follows, the earlierof 1st September or the first day of the autumn term;�

and ending with the �1the benefit week, the last day of which coincideswith, or immediately precedes,� the last day of the course;

(c) in any other case, the loan shall be apportioned equally between the weeksin the period beginning with the earlier of–

(i) the first day of the first benefit week in September; or�2(ii) the benefit week, the first day of which coincides with, or immediately

follows, the first day of the autumn term,�

and ending with �2the benefit week, the last day of which coincides with, orimmediately precedes, the last day of June�,

and, in all cases, from the weekly amount so apportioned there shall be disregarded£10.�

�3(3) A student shall be treated as possessing a student loan �4or a postgraduatemaster’s degree loan� in respect of an academic year where–

(a) a student loan �4or a postgraduate master’s degree loan� has been made tohim in respect of that year; or

(b) he could acquire �4a student loan or a postgraduate master’s degree loan� inrespect of that year by taking reasonable steps to do so.

(4) Where a student is treated as possessing a student loan under paragraph (3), theamount of the student loan to be taken into account as income shall be, subject toparagraph (5)–

(a) in the case of a student to whom a student loan is made in respect of anacademic year, a sum equal to the maximum student loan he is able to acquirein respect of that year by taking reasonable steps to do so and either–

(i) in the case of a student other than one to whom head (ii) refers, anycontribution whether or not it has been paid to him; or

(ii) in the case of a student to whom paragraph 1, 2, �5�, 11�6, �5� or 15A ofSchedule 1B applies (lone parent, disabled student or persons ineducation)�, any contribution which has actually been paid to him;

(b) in the case of a student to whom a student loan is not made in respect of anacademic year, the maximum student loan that would be made to the studentif–

(i) he took all reasonable steps to obtain the maximum student loan he isable to acquire in respect of that year; and

(ii) no deduction in that loan was made by virtue of the application of ameans test.

�4(4A) Where a student is treated as possessing a postgraduate master’s degreeloan under paragraph (3) in respect of an academic year, the amount of that loan to betaken into account as income shall be, subject to paragraph (5), a sum equal to 30 percent. of the maximum postgraduate master’s degree loan the student is able to acquirein respect of that academic year by taking reasonable steps to do so.�

(5) There shall be deducted from the amount of income taken into account underparagraph (4) �4or (4A)�–

2Para. (2)(c) & (c)(ii)substituted in reg. 66Aby reg. 5 of S.I. 2002/1589 as from 26.8.02(or during August 2002if reg. 1(1)(b)(i) ibidapplies).

1Reg. 66A(2)(b)(i) &(ii) substituted andwords substituted in reg.66A(2)(b) by reg. 5(4)& (5) of S.I. 2002/1589as from 26.8.02 (orduring August 2002 ifreg. 1(1)(b)(i) ibidapplies).

6Words substituted inpara. 4(a)(ii) of reg.66A by reg. 2(11) ofS.I. 2009/583 as from6.4 .09 .

5Words in reg.66A(4)(a)(ii) omitted byreg. 3(d) of S.I. 2009/3152 as from 30.12.09.

4Reg. 66A(4A) inserted& words inserted &substituted in reg.66A(3) & (5) by reg.2(4) of S.I. 2016/743 asfrom 4.8.16.




Regs. 66A-66D(a) the sum of �1�2£303� per academic year� in respect of travel costs; and

�3(b) the sum of �1�2£390� per academic year� towards the costs of books andequipment.�

whether or not any such costs are incurred.�

�4Treatment of payments from access funds

66B.—(1) This regulation applies to payments from access funds that are notpayments to which regulation 68(2) or (3) (income treated as capital) applies.

(2) A payment from access funds, other than a payment to which paragraph (3) ofthis regulation applies, shall be disregarded as income.

(3) Subject to paragraph (4) of this regulation and paragraph 36 of Schedule 9, anypayments from access funds which are intended and used for food, ordinary clothingor footwear �5�, household fuel, rent for which housing benefit is payable �6or anyhousing costs� to the extent that they are met under regulation 17(1)(e) or 18(1)(f)(housing costs) �6� of a single claimant or, as the case may be, of �7his partner�, andany payments from access funds which are used for any council tax or water chargesfor which that claimant or �7partner is liable� shall be disregarded as income to theextent of £20 per week.

Reg 66B(3) is reproduced below as it was before the amdt. by S.I. 2003/455 was implemented . See reg. 1 of that S.I. at page 6.7203 for detailsof when to apply this version.

(3) Subject to paragraph (4) of this regulation and paragraph 36of Schedule 9, any payments from access funds which areintended and used for food, ordinary clothing or footwear �5�,household fuel, rent for which housing benefit is payable �6orany housing costs� to the extent that they are met underregulation 17(1)(e) or 18(1)(f) (housing costs) �6� of a singleclaimant or, as the case may be, of any other member of hisfamily, and any payments from access funds which are used forany council tax or water charges for which that claimant ormember is liable shall be disregarded as income to the extent of£20 per week.

�5(3A) In paragraph (3) “ordinary clothing or footwear” means clothing or footwearfor normal daily use, but it does not include–

(a) school uniforms, or(b) clothing or footwear used solely for sporting activities.�

(4) Where a payment from access funds is made–

(a) on or after 1st September or the first day of the course, whichever first occurs,but before receipt of any student loan in respect of that year and that paymentis intended for the purpose of bridging the period until receipt of the studentloan; or

(b) before the first day of the course to a person in anticipation of that personbecoming a student.

that payment shall be disregarded as income.�

��8Treatment of fee loans

66C. A loan for fees, known as a fee loan or a fee contribution loan, made pursuantto regulations made under Article 3 of the Education (Student Support) (NorthernIreland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 orsection 73(f) of the Education (Scotland) Act 1980, shall be disregarded as income.�

��9Treatment of special support loans

66D. A special support loan within the meaning of regulation 68 of the Education(Student Support) Regulations 2011(a) is to be disregarded as income.�

6Words substituted &omitted in reg. 66B(3)by reg. 2(1) of, & para.10 of the Sch. to, S.I.2001/3767 as from8.4 .02 .7Words substituted inreg. 66B(3) by para. 17of Sch. 1 to S.I. 2003/455 as from 6.4.04.

8Reg. 66C inserted byreg. 4(4) of S.I. 2006/1752 as from 1.9.06 orduring August 06 if reg.1(2)(b) abid applies.

5Words omitted in reg.66B(3) & (3A) insertedby reg. 2(5) of S.I.2007/719 as from2.4 .07 .

4Reg. 66B inserted byreg. 2(6) of S.I. 2000/1922 as from 1.8.00.

3Reg. 66A(5)(b) substitutedby reg. 3 of S.I. 2001/2319as from 27.8.01 (or duringAugust 2001 if reg. 1 (ibid)applies).

1Words in reg. 66A(5)substituted by reg. 2(3)(a)& (b) of S.I. 2007/1632 asfrom 1.9.07 (or duringAugust 2007 if reg.1(3)(a) (ibid) applies).2Amounts in reg. 66A(5)substituted by reg. 2(2),(3) & (4)(a) of S.I. 2009/1575 as from 1.9.09 (orduring August 2009 ifreg. 1(3)(a) (ibid)applies).

(a ) S.I. 2011/1986. Relevant Amendment Instrument is S.I. 2015/1951.

9Reg. 66D inserted byreg. 2(5) of S.I. 2016/743 as from 4.8.16.



1Words substituted inreg. 67 by reg. 10(1)and (2)(a) of S.I. 1996/462 as from 8.4.96.

3Reg. 67A inserted byreg. 4(3) of S.I. 1998/563 as from 6.4.98.

2Words inserted in reg. 67by reg. 3(6) of S.I. 1999/1935 as from 30.8.99 (orduring August 1999 if reg.1(1)(b)(i) ibid applies).

5Reg. 68 renumbered68(1) and paras. (2) &(3) inserted by reg. 2(7)of S.I. 2000/1922 asfrom 1.8.00.

Disregard of contribution

67. Where the claimant or his partner is a student and�1, for the purposes ofassessing a contribution to the student’s grant �2or student loan�, the other partner’sincome has been taken into account, an amount equal to that contribution shall bedisregarded for the purposes of assessing that other partner’s income.�

Further disregard of student’s income

�367A. Where any part of a student’s income has already been taken into accountfor the purposes of assessing his entitlement to a grant �4, student loan or postgraduatemaster’s degree loan�, the amount taken into account shall be disregarded in assessingthat student’s income.�

Income treated as capital

�568.—(1)� Any amount by way of a refund of tax deducted from a student’s incomeshall be treated as capital.

�5(2) An amount paid from access funds as a single lump sum shall be treated ascapital.

(3) An amount paid from access funds as a single lump sum which is intended andused for an item other than food, ordinary clothing or footwear �6�, household fuel,rent for which housing benefit is payable �7or any housing costs� to the extent thatthey are met under regulation 17(1)(e) or 18(1)(f) (housing costs) �7�, of a singleclaimant or, as the case may be, of any other member of his family, or which is used foran item other than any council tax or water charges for which that claimant or memberis liable shall be disregarded as capital but only for a period of 52 weeks from the dateof the payment.�

�6(4) In paragraph (3) “ordinary clothing or footwear” means clothing or footwearfor normal daily use, but it does not include–

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.�

Disregard of changes occurring during summer vacation

69. In calculating a student’s income �8there shall be disregarded� any change inthe standard maintenance grant occurring in the recognised summer vacationappropriate to the student’s course, if that vacation does not form part of his period ofstudy, from the date on which the change occurred up to the end of that vacation.

8Words substituted inreg. 69 by para. 7 ofSch. 5 to S.I. 1999/3178as from 29.11.99.

7Words substituted &omitted in reg. 68(3) byreg. 2(1) & para. 11 ofthe Sch. to, S.I. 2001/3767 as from 8.4.02.

Supplement No. 116 [Sept 2016] 6.2849

Regs. 67-69

4Words substituted inreg. 67A by reg. 2(6) ofS.I. 2016/743 as from4.8 .16 .

6Words deleted in reg.68(3) & (4) inserted byreg. 2(6) of S.I. 2007/719 as from 2.4.07.



Supplement No. 116 [Sept 2016]6.2850 (–6.2860)



1Regs. 70-72 revoked byreg. 2(1)(a) of S.I. 2009/3228. See reg. 1(3) to thisS.I. for the commence-ment dates.

PART VIURGENT CASES

�1�

Regs. 70-72 continue to be reporduced below as they remain in force incertain situations. See reg. 2(2)-(4) for details.

Urgent cases

70.—(1) In a case to which this regulation applies, a claimant’sweekly applicable amount and his income and capital shall becalculated in accordance with the following provisions of thisPart.

(2) Subject to paragraph (4), this regulation applies to–

�2(a) a claimant to whom paragraph (2A) applies (persons notexcluded from income support under section 115 of theImmigration and Asylum Act);�

(b) a claimant who is treated as possessing income underregulation 42(3) (notional income);

(c) �3��2(2A) This paragraph applies to a person not excluded from

entit lement to income support under section 115 to theImmigration and Asylum Act by virtue of regulation 2 of the SocialSecurity (Immigration and Asylum) Consequential AmendmentsRegulations 2000 except for a person to whom paragraphs 3 and 4of Part I of the Schedule to those Regulations applies.�

(3)-(3B) �2�(4) This regulation shall only apply to a person to whom

paragraph (2)(b) �3applies, where the income he is treated aspossessing by virtue of regulation 42(3) (notional income)� isnot readily available to him; and

(a) the amount of income support which would be payablebut for this Part is less than the amount of income supportpayable by virtue of the provisions of this Part; and

(b) the �4Secretary of State� is satisfied that, unless theprovisions of this Part are applied to the claimant, theclaimant or his family will suffer hardship.

Applicable amounts in urgent cases

71.—(1) For the purposes of calculating any entitlement to incomesupport under this Part–

(a) except in a case to which �5sub-paragraph �6�, (c) or(d),� applies, a claimant’s weekly applicable amount shallbe the aggregate of–

(i) 90 per cent. †of the amount applicable in respect ofhimself or, if he is a member of a couple or apolygamous marriage, of the amount applicable inrespect of both of them under paragraph 1(1), (2) or(3) of Schedule 2 or, as the case may be, the amountapplicable in respect of them under regulation 18(polygamous marriages); �7and where regulation22A (reduction in applicable amount where theclaimant is appealing against a decision �8whichembodies a determinationF that he is not incapableof work) applies, the reference in this head to 90 percent. † of the amount applicable shall be construedas a reference to 90 per cent.† of the relevant amountunder that regulation reduced by 20 per cent;�

(ii) �9�


(ii) the amount applicable under paragraph 2 of Schedule2 in respect of any child or young person who is amember of his family except a child or young person


3Reg. 70(2)(c) deleted andwords substituted in reg.70(4) by reg. 16 of S.I.1989/1323 as from9.10.89.

2Reg. 70(2)(a) substituted,70(2A) inserted and 70(3),(3A) and (3B) omitted byreg. 3(7) of S.I. 2000/636as from 3.4.00.

5Words in reg. 71(1)(a)substituted by reg. 25(a)of S.I. 1988/663 as from11.4.88.

9Reg 71(1)(a)(ii) omittedby para. 18(a) of Sch. 1 toS.I. 2003/455 as from6.4.04.

7Words in head (i) of reg.71(1)(a) substituted byreg. 18(2) of S.I. 1996/206as from 7.10.96.8Words in reg. 71(1)(a) (i)inserted by para. 2 ofSch. 6 to S.I. 1999/2422as from 6.9.99.

4Words substituted in reg.70(4)(b) by para. 8 of Sch.5 to S.I. 1999/3178 asfrom 29.11.99.

6Words in reg. 71(1)(a)deleted by para. 12(za) ofPart I to the Sch. of S.I.2001/3767 as from 8.4.02.



whose capital, if calculated in accordance with PartV in like manner as for the claimant, �1except asprovided in regulation 44(1) (modifications in respectof children and young persons)�, would exceed£3,000*;

(iii) the amount, if applicable, specified in �2Part �3� IIIof Schedule 2 (premiums)�; and

Reg. 71(1)(a)(iii) is reproduced below as it was before the amdt. by S.I.2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

(iii) the amount, if applicable, specified in �4Part II or IIIof Schedule 2 (premiums)�; and

(iv) any amounts applicable under �5regulation 17(1)(e)or, as the case may be, 18(1)(f) (housing costs)�;

(v) �6�(vi) �7�

(b) �8�(c) �7�

�9(d) except where sub-paragraph �10� or (c) applies, in thecase of a person to whom any paragraph, other than�11paragraph 16A�, in column (1) of Schedule 7 (specialcases) applies, the amount shall be 90 per cent.† of theamount applicable in column 2 of that Schedule in respectof the claimant and partner (if any), plus, if applicable–

(i) �12�


(i) any amount in respect of a child or young personwho is a member of the family except a child or youngperson whose capital, if calculated in accordance withPart V in like manner as for the claimant, �13except asprovided in regulation 44(1) (modifications in respectof children and young persons)�, would exceed£3,000*;

(ii) any premium under �14Part �15� III of Schedule 2�;and

Reg. 71(1)(d)(ii) is reproduced below as it was before the amdt. by S.I.2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

(ii) any premium under �13Part II or III of Schedule 2�;and

�16(iii) any amounts applicable under regulation 17(1)(e) or,as the case may be, 18(1)(f)�

((iv) �6�

*The sums of £3,000 asterisked above in reg. 71(1)(a)(ii) & (d)(i) aremaintained in force (6.4.09) by art. 16(2)(a) of S.I. 2009/497.

†The percentages (90%) mentioned in reg. 71(1)(a)(i) and (d) (or, wherethose percentages are included in material substituted since 8.4.96,mentioned in the corresponding material replaced by such substitutions)were maintained in force (6.4.09) by Sch. 4 to S.I. 2009/497.

(1A) �7��17(2) In a case to which paragraph 1 of Part 1 of the Schedule

to the Social Security (Immigration and Asylum) ConsequentialAmendments Regulations 2000(a) applies, the period for which aclaimant’s weekly applicable amount is to be calculated inaccordance with paragraph (1) shall be any period, or the aggregateof any periods, not exceeding 42 days during any one period ofleave to which that paragraph of that Part of the Schedule to thoseRegulations applies.�


9Reg. 71(1)(d) added byreg. 25(b) of S.I. 1988/663as from 11.4.88.

12Reg 71(1)(d)(i) omittedby para. 18(a) of Sch. 1 toS.I. 2003/455 as from6.4.04.

14Ref. in reg. 71(1)(d)(ii)substituted by reg. 9(b) ofS.I. 1989/1034 as from10.7.89.

16Reg. 71(1)(d)(iii)substituted by reg. 15(b)of S.I. 1988/1445 as from12.9.88.

11Words in reg. 71(1)(d),substituted by reg. 3(8) ofS.I. 2000/636 as from3.4.00.

8Reg. 71(1)(b) omitted byreg. 2(1) of, & para. 12 ofSch. to, S.I. 2001/3767 asfrom 8.4.02.

10Words in reg. 71(1)(d)deleted by para. 12(bb) ofPart I to the Sch. of S.I.2001/3767 as from 8.4.02.

7In reg. 71, para. (1)(a)(vi),(c) & para. (1A) omitted bypara. 5 of Sch. 1 to S.I.2003/1121 as from6.10.03.

15Words omitted from reg.71(1)(d)(ii) by para 18(b)of Sch. 1 to S.I. 2003/455.

5Words substituted in reg.71(1)(a)(iv) by reg.15(a) ofS.I. 1988/1445 as from12.9.88.

13Words substituted in reg.71(1)(d)(i) by reg. 6 of S.I.1994/527 as from 11.4.94

4Ref. in reg. 71(1)(a)(iii)substituted by reg. 9(a) ofS.I. 1989/1034 as from10.7.89.

6Reg. 71(1)(a)(v) and(d)(iv) revoked by reg.2(4)(a) of S.I. 2006/588 asfrom 3.4.06.

2Ref. in reg. 71(1)(a)(iii)substituted by reg. 9(a) ofS.I. 1989/1034 as from10.7.89.3Words omitted in reg.71(1)(a)(iii) by para. 18(b)of Sch. 1 to S.I. 2003/455as from 6.4.04.

17Reg. 71(2) substitutedby reg. 3(3) of S.I.2001/859. See reg. 1 of S.I.2001/859 for relevanteffective dates.

1Words substituted in reg.71(1)(a)(ii) by reg. 6 of S.I.1994/527 as from 11.4.94.

Reg. 71

(a) S.I. 2000/636.



Reg. 71(2)(b), as it stood before deletion by reg. 8(4) of S.I. 1996/30, isreproduced below for cases subject to saving in regs. 12(1) and (2) ibid:-

(b) in a case to which sub-paragraph (b) of paragraph (3) ofthat regulation applies–

(i) the period ending not later than the date on whichthat determination is sent to the claimant; or

(ii) if he has a right to appeal against the determinationunder Part II of the 1971 Act, the period ending notlater than 28 days after the date on which thatdetermination is sent to him;

�1(3) Where the calculation of a claimant’s applicable amountunder this regulation results in a fraction of a penny that fractionshall be treated as a penny.�

Assessment of income and capital in urgent cases72.—(1)The claimant’s income shall be calculated in accordance

with Part V subject to the following modifications–

�2(a) any income, other than–

(i) a payment of income or income in kind made underthe Macfarlane Trust, the Macfarlane (SpecialPayments) Trust, the Macfarlane (Special Payments)(No. 2) Trust, the Fund, the Eileen Trust or theIndependent Living �3Fund (2006)�; or

(ii) income to which paragraph 5, 7 (but only to the extentthat a concessionary payment would be due underthat paragraph for any non-payment of incomesupport under regulation 70 of these Regulations orof jobseeker’s allowance under regulations 147 ofthe Jobseeker’s Allowance Regulations 1996 �4or ofemployment and support allowance under regulation164 of the Employment and Support AllowanceRegulations� (urgent cases)), 31, 39(2), (3) or (4), 40,42, 52 or 57 of Schedule 9 (disregard of income otherthan earnings) applies, possessed or treated aspossessed by him, shall be taken into account in fullnotwithstanding any provision in that Partdisregarding the whole or any part of that income;�

(b) any income to which regulation 53 (calculation of tariffincome from capital) applies shall be disregarded;

(c) income treated as capital by virtue of �5regulation 48(1),(2), (3) and (9)� (income treated as capital) shall be takeninto account as income;

(d) in a case to which paragraph (2)(b) of regulation 70 (urgentcases) applies, any income to which regulation 42(3)(notional income) applies shall be disregarded.

(e) �6�.

(2) The claimant’s capital calculated in accordance with Part V,but including any capital referred to in paragraphs 3 and, to theextent that such assets as are referred to in paragraph 6 consist ofliquid assets, 6 �1and, except to the extent that the arrears referredto in paragraph 7 consist of arrears of housing benefit payableunder Part II of the Act or �7Part 7 of the Contributions and BenefitsAct� �2or any arrears of benefit due under regulation 70 of theseRegulations �8, regulation 164 of the Employment and SupportAllowance Regulations� or regulation 147 of the Jobseeker ’sAllowance Regulations 1996 (urgent cases)� 7, 9(b), 19, 30, �932and 47 to 49� of Schedule 10� (capital to be disregarded) shall betaken into account in full and the amount of income support whichwould but for this paragraph by payable under this regulation,shall be payable only to the extent that it exceeds the amount ofthat capital.


1Reg. 71(3) added by reg.25(c) of S.I. 1988/663 asfrom 11.4.88

Regs. 71-72

2Reg. 72(1)(a) substituted& words inserted in reg.72(2) by reg. 19(1) & (b)of S.I.1998/563 as from6.4.98.

3Words substituted in reg.72(1)(a)(i) by reg. 2(6)(d)of S.I. 2008/2767 as from17.11.08.

4Words inserted in reg.72(1)(a)(ii) by reg. 2(8)(a)of S.I. 2008/1554 as from27.10.08.

5Words in reg. 72(1)(c)and (2) substituted byreg. 15 of S.I. 1988/2022as from 12.12.88.

6Reg. 72(1)(e) deleted byreg. 17 of S.I. 1989/1323as from 9.10.89.

9Words substituted in reg.72(2) by reg. 4(b) of S.I.1996/2431 as from15.10.96.

7Words substituted in reg.72(2) by reg. 2(10) of S.I.2008/698 as from14.4.08.8Words inserted in reg.72(2) by reg. 2(8) of S.I.2008/1554 as from27.10.08.







�1PART VIICALCULATION OF INCOME SUPPORT FOR PART-WEEKS

Amount of income support payable

73.—(1) Subject to regulations 75 (modifications in income) and 76 (reduc-tion in certain cases), where a claimant is entitled to income support for a period(referred to in this Part as a part-week) to which subsection (1A) of section 21 ofthe Act (amount etc. of income-related benefit(a) applies, the amount of incomesupport payable shall, except where paragraph (2) applies, be calculated inaccordance with the following formulae–

(a) if the claimant has no income, N x A7

(b) if the claimant has income, ( N x (A-I)) – B7

(2) �2�

(3) In this Regulation–“A” �2� means the claimant’s weekly applicable amount in the relevant week;“B” means the amount of any income support, �3jobseeker’s allowance�,�4maternity allowance,� �5short-term or long-term incapacity benefit�, �6severedisablement allowance or employment and support allowance� payable in respectof any day in the part-week;“I” means his weekly income in the relevant week less B;“N” means the number of days in the part-week;“relevant week” means the period of 7 days determined in accordance withregulation 74.

(4)–(5) �2�;

Relevant week

74.—(1) Where the part-week–(a) is the whole period for which income support is payable or occurs at the

beginning of the claim, the relevant week is the period of 7 days endingon the last day of that part-week; or

(b) occurs at the end of the claim, the relevant week is the period of 7 daysbeginning on the first day of that part-week.

(2) Where during the currency of a claim the claimant makes a claim for arelevant social security benefit within the meaning of paragraph 4 of Schedule 7to the Social Security (Claims and Payments) Regulations 1987(b) and as a resulthis benefit week changes, for the purpose of calculating the amount of incomesupport payable–

(a) for the part-week beginning of the day after his last complete benefitweek before the date from which he makes a claim for the relevantsocial security benefit and ending immediately before that date, therelevant week is the period of 7 days beginning on the day after his lastcomplete benefit week (the first relevant week);

(b) for the part-week beginning on the date from which he makes a claimfor the relevant social security benefit and ending immediately beforethe start of his next benefit week after the date of that claim, the relevantweeks is the period of 7 days ending immediately before the start of hisnext benefit week (the second relevant week).

(a ) Subsection (1A) was inserted by the Social Security Act 1988 (c. 7), Schedule 4, paragraph23(2) .

(b) 1987/1968.

5Words in reg. 73(3)substituted by reg. 12 ofS.I. 1995/482 as from13.4 .95 .

4Words inserted in reg.73(3) by reg. 17 of S.I.1988/1445 as from12.9 .88 .


2Paras. (2), (4) & (5) &words in para. (3)omitted from reg. 73 byreg. 2(1) of, & para. 13of Sch. to, S.I. 2001/3767 as from 8.4.02.

1Part VII inserted byreg. 27 of S.I. 1988/662as from 11.4.88.

6Words inserted in reg.73(3) by reg. 2(9) ofS.I. 2008/1554 as from27 .10 .08 .



Reg. 74


(3) Where during the currency of a claim the claimant’s benefit week changesat the direction of the Secretary of State under paragraph 3 of Schedule 7 to theSocial Security (Claims and Payments) Regulations 1987, for the purpose ofcalculating the amount of income support payable for the part-week beginningon the day after his last complete benefit week before the change and endingimmediately before the change, the relevant week is the period of 7 daysbeginning on the day after the last complete benefit week.



Reg. 75

6.2879

1Words substituted inreg. 75(b), (e) & (f) byreg. 20 of S.I. 1996/206as from 7.10.96.2Words inserted into reg.75(b), (e) & (f) by reg.17 of S.I. 1988/1445 asfrom 12.9.88.3Words in reg. 75(b), (e)& (f) substituted andwords deleted by reg.13 of S.I. 1995/482 asfrom 13.4.95.


Modifications in the calculation of income

75. For the purposes of regulation 73 (amount of income support payable for part-weeks), a claimant’s income and the income of any person which the claimant istreated as possessing under section 22(5) of the Act or regulation 23(3) shall becalculated in accordance with Part V and, where applicable, VI subject to the followingmodifications–

(a) any income which is due to be paid in the relevant week shall be treated aspaid on the first day of that week;

(b) any income support, �1jobseeker’s allowance�, �2maternity allowance,��3short-term or long-term incapacity benefit�, �4severe disablementallowance� �5, employment and support allowance or universal credit� �3�payable in the relevant week but not in respect of any day in the part-weekshall be disregarded;

The following regulation 75(b) continues to be reproduced as it ismaintained in force in certain circumstances. See Explanatory Note ofS.I. 2013/630 for when to apply.

(b) any income support, �1jobseeker ’s allowance�,�2maternity allowance,� �3short-term or long-termincapacity benefit�, �4severe disablement allowance� oremployment and support allowance �3� payable in therelevant week but not in respect of any day in the part-week shall be disregarded;

(c) where the part-week occurs at the end of the claim, any income or any changein the amount of income of the same kind which is first payable within therelevant week but not on any day in the part-week shall be disregarded;

(d) where the part-week occurs immediately after a period in which a person wastreated as engaged in remunerative work under regulation 5(5) (persons treatedas engaged in remunerative work) any earnings which are taken into accountfor the purposes of determining that period shall be disregarded;

(e) where regulation 74(2) (relevant week) applies, any payment of incomewhich–

(i) is the final payment in a series of payments of the same kind or, if therehas been an interruption in such payments, the last one before theinterruption;

(ii) is payable in respect of a period not exceeding a week; and

(iii) is due to be paid on a day which falls within both the first and secondrelevant week,

shall be taken into account in either the first relevant week or, if it isimpracticable to take it into account in that week, in the second relevantweek; but this paragraph shall not apply to a payment of income support,�1jobseeker’s allowance�, �2maternity allowance,� �3short-term or long-term incapacity benefit� �4, severe disablement allowance or employmentand support allowance� �3�;

(f) where regulation 74(2) applies, any payment of income which–

(i) is the final payment in a series of payments of the same kind or, if therehas been an interruption in such payments, the last one before theinterruption;

(ii) is payable in respect of a period exceeding a week but not exceeding 2weeks; and

(iii) is due to be paid on a day which falls within both the first and secondrelevant weeks,

shall be disregarded; but this sub-paragraph shall not apply to a payment ofincome support, �1jobseeker’s allowance�, �2maternity allowance,� �3short-term or long term incapacity benefit�, �4severe disablement allowance oremployment and support allowance� �3�;

4Words inserted in reg.75(b), (e) & (f) by reg.2(10)(a)-(c) of S.I.2008/1554 as from27 .10 .08 .5Words in reg. 75(b)substituted by reg.28(6) of S.I . 2013/630as from 29.4.13.



6. 2880 (–6.2890)

1Words substituted inreg. 76(a) by reg. 21 ofS.I. 1996/206 as from7.10 .96 .2Words in reg. 76(a)inserted by para. 2 ofSch. 6 to S.I. 1999/2422as from 6.9.99.


(g) where regulation 74(2) applies, if the weekly amount of any income which isdue to be paid on a day which falls within both the first and second relevantweeks is more than the weekly amount of income of the same kind due to bepaid in the last complete benefit week, the excess shall be disregarded;

(h) where only part of the weekly amount of income is taken into account in therelevant week, the balance shall be disregarded.

Reduction in certain cases

76. There shall be deducted from the amount of income support which would, butfor this regulation, be payable for a part-week–

(a) �1in the case of a claimant to whom regulation 22A (reduction in applicableamount the claimant is appealing against a decision �2which embodies adetermination� that he is not incapable of work) applies�, the proportion ofthe relevant amount specified therein appropriate to the number of days inthe part-week;

(b) where regulation 75(f) (modifications in the calculation of income) applies,one-half of the amount disregarded under regulation 75(f) less the weeklyamount of any disregard under Schedule 8 or 9 appropriate to that payment.

Modification of section 23(5) of the Act

77. Where income support is payable for a part-week, section 23(5) of the Act (tradedisputes) shall have effect as if the following paragraph were substituted for paragraph(b)–

‘(b) any payment by way of income support for a part-week which apart from thisparagraph would be made to him, or to a person whose applicable amount isaggregated with his–(i) shall not be made if the payment for that part-week is equal to or less

than the proportion of the relevant sum appropriate to the number ofdays in that part-week; or

(ii) if it is more than that proportion, shall be made at a rate equal to thedifference.’�

Signed by authority of the Secretary of State for Social Services

Nicholas ScottMinister of State,

20th November 1987 Department of Health and Social Security


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Schs. 1-1B

6.2891

1Sch. 1B inserted bySch. 1 to S.I. 1996/206as from 7.10.96.

7Words in para. 4(a)(i)and (ii) deleted by reg.33(2)-(3) of S.I. 1996/1517 as from 7.10.96.

(a ) 2002 c. 38.(b) 2007 asp. 4.


[Sch. 1 (persons not required to be available for employment), and

Sch. 1A (circumstances in which a person aged 16 or 17 is eligible for incomesupport), were revoked by Sch. 3 to S.I. 1996/206. They are however includedamong those provisions of S.I. 1987/1967 which, although so revoked, willtemporarily continue to be reproduced at Annex 7 on page 6.4064 et seq.]

�1SCHEDULE 1B Regulation 4ZA

PRESCRIBED CATEGORIES OF PERSON

�2Lone Parents

1.—(1) A lone parent who is responsible for, and a member of the same householdas–

(a) a single child aged under 5, or(b) more than one child where the youngest is aged under 5.

(2) A lone parent who is under the age of 18.�

This paragraph continues to be reproduced as it remains in force incertain cases, see reg. 7(5) of S.I. 2012/874.

�3Lone parents1. A person who is a lone parent and responsible for–

(a) a single child aged under 7, or

(b) more than one child where the youngest is aged under 7,

who is a member of that person’s household.��

Single persons looking after foster children

�42. A single claimant or a lone parent with whom a child is placed–(a) by a local authority or voluntary organisation within the meaning of the

Children Act 1989;(b) by a local authority or voluntary organisation within the meaning of the

Children (Scotland) Act 1995;(c) by virtue of any order or warrant made under the Children’s Hearings

(Scotland) Act 2011.�

�5Single persons looking after children placed with them prior to adoption

2A. A single claimant or a lone parent with whom a child is placed for adoption byan adoption agency within the meaning of the Adoption and Children Act 2002(a) orthe Adoption and Children (Scotland) Act 2007(b)�.

Person temporarily looking after another person

3. A person who is–(a) looking after a child because the parent of that child or the person who

usually looks after him is �6temporarily� ill or is temporarily absent fromhis home; or

(b) looking after a member of his family who is temporarily ill.

Persons caring for another person

4. A person (the carer)–(a) who is regularly and substantially engaged in caring for another person if–

(i) the person being cared for is in receipt of attendance allowance �7� �8,

3Para. 1 substituted inSch. 1B by reg. 4 of S.I.2008/3051 as from26.10.10.

6Word inserted in para.3(a) of Sch. 1B by reg.2(12)(a) of S.I. 2009/583 as from 6.4.09.

5Para. 2A inserted byreg. 2(14)(a) & (b) ofS.I. 2009/2655 on orafter 26.10.09 &subject to reg. 1 ibid.

2Para. 1 substituted inSch. 1B by reg. 2(2) ofS.I. 2012/874 as from21.5 .12 .

8Words substituted inpara. 4(a)(i) of Sch. 1Bby para. 11(4)(a) ofSch. to S.I. 2013/388 asfrom 8.4.13.

4Para. 2 of Sch. 1Bsubstituted by para.12(3) of Sch. 1 to S.I.2013/1465 as from24.6 .13 .


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Sch. 1B

6.2892

(a ) S.I. 1987/1968; regulation 13A was inserted by S.I. 1991/2741.(b) S.I. 2013/380.

7Words substituted inpara. 4(b) by reg. 4(1)of S.I. 2000/681 asfrom 3.4.00.


�1, armed forces independence payment, the care component of disabilityliving allowance at the highest or middle rate prescribed in accordancewith section 72(3) of the Contributions and Benefits Act� or the dailyliving component of personal independence payment at the standard orenhanced rate in accordance with section 78(3) of the 2012 Act�; or

(ii) the person being cared for has claimed attendance allowance �2� butonly for the period up to the date of determination of that claim, or theperiod of 26 weeks from the date of that claim, whichever date is theearlier; or

�3(iia) the person being cared for has claimed attendance allowance inaccordance with section 65(6)(a) of the Contributions and Benefits Act(claims in advance of entitlement), an award has been made in respect ofthat claim under section 65(6)(b) of that Act and, where the period forwhich the award is payable has begun, that person is in receipt of theallowance;� �4or�

(iii) the person being cared for has claimed entitlement to a disability livingallowance �5, armed forces independence payment� �6or personalindependence payment� but only for the period up to the date ofdetermination of that claim, or the period of 26 weeks from the date ofthat claim, whichever date is the earlier; or

�3(iiia) the person being cared for has claimed entitlement to the carecomponent of a disability living allowance in accordance withregulation 13A of the Social Security (Claims and Payments)Regulations 1987(a) (advance claims and awards), an award at thehighest or middle rate has been made in respect of that claim and,where the period for which the award is payable has begun, that person isin receipt of the allowance� �6; or

(iv) the person being cared for has claimed entitlement to the daily livingcomponent of personal independence payment in accordance withregulation 33 of the Universal Credit, Personal Independence Payment,Jobseeker’s Allowance and Employment and Support Allowance (Claimsand Payments) Regulations 2013 (advance claim for and award ofpersonal independence payment)(b), an award at the standard or enhancedrate has been made in respect of that claim and, where the period forwhich the award is payable has begun, that person is in receipt of thepayment;�

(b) who is engaged in caring of another person and �7who is both entitled to,and in receipt of,� �8a carer’s allowance� �9or would be in receipt of thatallowance but for the application of a restriction under section �106B or� 7of the Social Security Fraud Act 2001 (loss of benefit provisions)�.

5. A person to whom paragraph 4 applied, but only for a period of 8 weeks from thedate on which that paragraph ceased to apply to him.

6. A person who, had he previously made a claim for income support, would havefulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the dateon which he ceased to fulfil those conditions.Under the transitional provision in reg. 27(1) of S.I. 1996/206, certain persons are, for purposes ofparas. 5 and 6 above, treated for a certain period as if para. 4 above had applied or would haveapplied to them.

�11Persons treated as capable of work and persons entitled to statutory sick pay�

7. A person who–(a)-(b) �12�

(c) is treated as capable of work by virtue of regulations made under section171E(1) of �13the Contributions and Benefits Act� (disqualification etc.); or

(d) is entitled to statutory sick pay.

9Words in Sch. 1B reg.4(b) inserted by reg. 4of the S.I. 2002/490 asfrom 1.4.02.

8Words substituted inSch. 1B, para. 4(b) bySch. 2 of S.I. 2002/2497 as from 1.4.03.

10Words inserted in para.4(b) by reg. 10(2) ofS.I. 2010/1160 as from1.4 .10 .

13Words inserted in para.7(c) of Sch. 1B by reg.2(2)(a) of S.I. 2010/2429 as from 1.11.10.

12Paras. 7(a)-(b) of Sch.1B revoked by reg.2(1)(b) of S.I. 2009/3152 as from 30.12.09.

11Heading precedingpara. 7 of Sch. 1Bsubstituted by reg.3(2)(e) of S.I. 2009/3152 as from 30.12.09.

4Word inserted in para.4(a)(iia) by reg. 3(4) ofS.I. 2001/859. See reg.1 of S.I. 2001/859 forrelevant effective dates.

3Para. (4)(a)(iia) & (iiia)inserted by reg. 33(4) &(5) of S.I. 1996/1517 asfrom 7.10.96.

6Words added to para.4(a)(iii) & para. (iv)inserted to Sch. 1B bypara. 11(4)(b) & (c) ofSch. to S.I. 2013/388 asfrom 8.4.13.

2Words in para. 4(a)(ii)deleted by reg. 33(2)-(3) of S.I. 1996/1517 asfrom 7.10.96.

1Words inserted in para.4(a)(i) of Sch. 1B bypara. 4(4)(a) of Sch. toS.I. 2013/591 as from8.4 .13 .

5Words inserted in para.4(a)(iii) of Sch. 1B bypara. 4(4)(b) of Sch. toS.I. 2013/591 as from8.4 .13 .


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Sch. 1B

6.2893

(a ) S.I. 1995/311. Amended by S.I. 1995/987 and 1999/3109. There are other amendinginstruments but none is relevant.

(b) S.I. 1999/3312.(c) S.I. 2002/2007.


3Para. 9A inserted byreg. 5 of S.I. 2001/488as from 9.4.01.

�1Certain persons in receipt of the daily living component of personal independencepayment

7A. A person who is in receipt of the daily living component of personalindependence payment at the enhanced rate but only where, immediately beforereceiving that benefit, the person was entitled to and in receipt of income supportbecause he or she was treated as incapable of work under regulation10(2)(a)(i) of theSocial Security (Incapacity for Work) (General) Regulations 1995(a).�

Paragraphs 8 and 9 of Schedule 1B revoked by reg. 4(1)(a)(ii) of S.I.2009/3228, however it remains in force for certain circumstances, see S.I.2009/3228 reg. 4(3) to (7) for details.

Disabled workers8. A person to whom �2regulation 6(4)(a)� (persons nottreated as engaged in remunerative work) applies.

Persons in employment living in residential care homes, nursinghomes or residential accommodation

9. A person to whom �2regulation 6(4)(a)� applies.

�3Persons who have commenced remunerative work

9A. A person to whom regulation 6(5) (persons not treated as engaged inremunerative work) applies.�

10. �4�

11. A person who is a �5full-time student� and who–(a) immediately before 1st September 1990 was in receipt of income support by

virtue of paragraph 7 of Schedule 1 as then in force; or(b) on or after that date makes a claim for income support and at a time during

the period of 18 months immediately preceding the date of that claim was inreceipt of income support either by virtue of that paragraph or regulation13(2)(b),

but this paragraph shall not apply where for a continuous period of 18 months or morethe person has not been in receipt of income support.

12.-13. �4�

Pregnancy

14. A woman who–(a) is incapable of work by reason of pregnancy; or(b) is or has been pregnant but only for the period commencing 11 weeks before

her expected week of confinement and ending �6�7� fifteen weeks after thedate on which her pregnancy ends �7�.�

��8Parental leave

14A.—(1) A person who is–(a) entitled to, and taking, parental leave by virtue of Part III of the Maternity

and Parental Leave etc. Regulations 1999(b) in respect of a child who is amember of his household; and

(b) not entitled to any remuneration from his employer in respect of that leavefor the period to which his claim for income support relates; and

(c) entitled to �9� �10working tax credit, child tax credit payable at a rate higherthan the family element,� housing benefit or council tax benefit on the daybefore that leave begins.

(2) In this paragraph “remuneration” means payment of any kind �10and “familyelement” means in a case where any child in respect of whom child tax credit ispayable is under the age of one year, the amount specified in regulation 7(3)(a) of theChild Tax Credit Regulations 2002(c) or in any other case, the amount specified in

6Words inserted in para.14(b) by reg. 2(5)(a) ofS.I. 2002/2689 as from24 .11 .02 .

5Words substituted inpara. 11 by reg. 5(5) ofS.I. 2000/1981 as from31.7 .00 .

7Words omitted in para.14(b) of Sch. 1B by reg.2(2)(b) of S.I. 2010/2429 as from 1.11.10.

9Words omitted in para.14A(1)(c) by reg. 2(3)of S.I. 2003/1731 asfrom 8.8.03.


4Sch. 1B, paras. 10, 12& 13 revoked by reg.2(1)(b) of S.I. 2009/3152 as from 30.12.09in accordance with reg.2(2) .

2Words substituted inparas. 8 & 9 by regs.4(1) & 2(d) of S.I.2000/681 as from3.4 .00 .

1Para. 7A of Sch. 1Binserted by reg. 2(2) ofS.I. 2017/1187 as from21 .12 .17 .

10Words inserted inpara. 14A(1)(c) &added in reg. 14A(2)by Sch. 1 para. 19(a) &(b) of S.I. 2003/455 asfrom 7.4.03.


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Sch. 1B

6.2894

(a ) S.I. 2002/2008.(b) 1992 c. 4. Part 12ZA was inserted by s. 2 of the Employment Act 2002.(c) S.I. 2002/2007.


regulation 7(3)(b) of those Regulations� �1but subject in any case to calculations ofthose amounts made in accordance with the Tax Credits (Income Thresholds andDetermination of Rates) Regulations 2002(a).��

�2Paternity Leave

14B.—(1) A person who is entitled to, and is taking, �3�4� paternity leave byvirtue of section 80A or 80B of the Employment Rights Act 1996� and who satisfieseither or both of the conditions set out in sub-paragraph (2) below.

(2) The conditions for the purposes of sub-paragraph (1) are–(a) he is not entitled to �3�4� statutory paternity pay� by virtue of Part 12ZA of

the Contributions and Benefits Act(b), or to any remuneration from hisemployer in respect of that leave for the period to which his claim for incomesupport relates;

(b) he is entitled to �5� �6working tax credit, child tax credit payable at a ratehigher than the family element,� housing benefit or council tax benefit onthe day before that leave begins.

(3) In this paragraph “remuneration” means payment of any kind �6and “familyelement” means in a case where any child in respect of whom child tax credit is payableis under the age of one year, the amount specified in regulation 7(3)(a) of the ChildTax Credit Regulations 2002(c) or in any other case, the amount specified in regulation7(3)(b) of those Regulations� �5but subject in any case to calculations of thoseamounts made in accordance with the Tax Credits (Income Thresholds andDetermination of Rates) Regulations 2002.��

Persons in education

15. A person to whom any provision of regulation 13(2)(a) to (e) (persons receivingrelevant education who are parents, �7disabled persons, persons with limited leave toenter or remain�, orphans and persons estranged from their parents or guardian) applies.

�8Certain persons who have enrolled on, been accepted for or are undertaking full-time, non-advanced education�

15A.—�8(1) A person (“P”) who satisfied the following conditions.

(2) The first condition is that P has enrolled on, been accepted for or is undertakinga course of full-time, non-advanced education.

(3) The second condition is that P is–(a) under the age of 21; or(b) 21 and attained that age whilst undertaking a course of full-time, non-

advanced education.

(4) The third condition is(a) P has no parent;(b) of necessity P has to live away from P’s parents because–

(i) P is estranged from P’s parents(ii) P is in physical or moral danger, or

(iii) there is a serious risk to P’s physical or mental health; or(c) P is living away from P’s parents because they are unable to support P

financially and are–(i) chronically sick or mentally or physically disabled,

(ii) detained in custody pending trial or sentencing upon conviction or undera sentence imposed by a court, or

(iii) prohibited from entering or re-entering Great Britain.�

(5) �8�

7Words inserted in para.15 by reg. 2(7) by S.I.2006/718 as from10.4 .06 .8Heading and sub-para.(1) to (4) of para. 15Aof Sch. 1B substitutedand sub-para. 5 omittedby reg. 11(a)-(c) of S.I.2012/757 as from1.4 .12 .

5Words omitted &inserted in para.14B(2)(b) & (3) by reg.2(3) of S.I . 2003/1731as from 8.8.03.6Words inserted in para.14B(2)(b) and (3) bypara. 19 of Sch. 1 toS.I. 2003/455 as from7.4 .03 .

2Para. 14B inserted byreg. 2(5)(b) of S.I.2002/2689 as from8.12 .02 .3Words substituted inpara. 14B(1) & (2)(a) ofSch. 1B by reg. 3(3) ofS.I. 2012/757 as from1.4 .12 .4Words omitted in Sch.1B, para. 14B(1) &(2)(a) by art. 5(5) ofS.I. 2014/3255 as from5.4 .15 .

1Words inserted in para.14A(1)(2) by reg. 2(3)of S.I. 2003/1731 asfrom 8.8.03.



Sch. 1B

6.2895

(a ) Cmd. 9171.(b) Cmnd. 3906.(c) Sections 126 and 127 are amended by the Jobseekers Act 1995, Schedule 2 paragraph 31.

5Para. 18A of Sch. 1Blapsed by the revocationof S. 123 to theImmigration and AsylumAct 1999 (c. 33) by S. 12of the Asylum andImmigration (Treatmentof Claimants, etc) Act2004 as from 14.6.2007.


3Para. 16A of Sch. 1Brevoked by reg. 2(4)(d)of S.I. 2006/588 asfrom 3.4.06.

(6) In this paragraph–“chronically sick or mentally or physically disabled” has the meaning given inregulation 13(3)(b);�1“course of full-time, non-advanced education” means a course of full-timeeducation which is not a course of advanced education and which is not providedto P by virtue of P’s employment or any office held by P, which is–(a) provided at a school or college, or(b) provided elsewhere but is approved by the Secretary of State as being such a

course,and for the purpose, “course of advanced education” has the same meaning as inregulation 61(1)�

“parent” includes a person acting in place of a parent which–(a) for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in

regulation 13(3)(a)(i), and(b) for the purposes of sub-paragraph (5)(c), has the meaning given in

regulation 13(3)(a)(ii).�

16. �2�

16A. �3�

17. �4�

Refugees

18. A person who is a refugee within the definition in Article 1 of the Conventionrelating to the Status of Refugees done at Geneva on 28th July 1951(a) as extendedby Article 1(2) of the Protocol relating to the Status of Refugees done at New York on31st January 1967(b) and who–

(a) is attending for more than 15 hours a week a course for the purpose oflearning English so that he may obtain employment; and

(b) on the date on which that course commenced, had been in Great Britainfor not more than 12 months,

but only for a period not exceeding nine months.

18A. �5�

�6Persons required to attend court or tribunal

19.—(1) A person who is required to attend a court or tribunal as a justice of thepeace, a party to any proceedings, a witness or a juror.

(2) In this paragraph, “tribunal” means any tribunal listed in Schedule 1 to theTribunals and Inquiries Act 1992.�

Persons affected by a trade dispute

20. A person to whom section 126 of the Contributions and Benefits Act(c) (tradedisputes) applies or in respect of whom section 124(1) of that Act (conditions ofentitlement to income support) has effect as modified by section 127(b) of that Act(effect of return to work).

�7Persons from abroad

21. A person not excluded from entitlement to income support under section 115of the Immigration and Asylum Act 1999 by virtue of regulation 2 of the Social Security(Immigration and Asylum) Consequential Amendments Regulations 2000 except for aperson to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulationsapplies.�

4Para. 17 omitted byreg. 29(4) of S.I. 2002/3019 as from 6.10.03.

6Para. 19 substituted byreg. 3 of S.I. 2006/1402as from 30.5.06.


1Defn. of “course offull-t ime, non-advancededucation” substitutedby reg. 11(d) of S.I.2012/757 as from1.4 .12 .

7Para. 21 of Sch. 1Bsubstituted by reg.3(2)(d) of S.I. 2009/3228. See reg. 1(3) ofthe S.I. for the relevantcommencement date,subject to transitionalarrangements and savingin reg. 12 of S.I. 2000/6 3 6 .




Sch. 1B

6Words substituted inpara. 28 by reg. 4 ofS.I. 2001/652 as from26.3 .01 .

For case falling within the transitional arrangements and saving provisionin reg. 12 of S.I. 2000/636, para. 21 remains in force as before it wasreplaced by reg. 3(9) of that S.I. , as follows:–

21. A person to whom regulation 70(3) (applicable amount ofcertain persons from abroad) applies.

Persons in custody

22. A person remanded in, or committed in, custody for trial or for sentencing.

Member of couple looking after children while other member temporarily abroad

23. A person who is a member of a couple and who is treated as responsible for achild who is a member of his household where the other member of that couple istemporarily not present in the United Kingdom.

Persons appealing against a decision �1which embodies a determination� thatthey are not incapable of work

24. A person–

(a) in respect of whom it has been determined for the purposes of section 171Bof the Contributions and Benefits Act(a) (the own occupation test) that he isnot incapable of work; and

(b) whose medical practitioner continues to supply evidence of his incapacityfor work in accordance with regulation 2 of the Social Security (MedicalEvidence) Regulations 1976(b) (evidence of incapacity for work); and

(c) who has made and is pursuing an appeal against the �2decision whichembodies a� determination that he is not so incapable,

but only for the period prior to the determination of his appeal.

25. A person–(a) in respect of whom it has been determined for the purposes of section 171C

of the Contributions and Benefits Act (the all work test) that he is not incapableof work; and

(b) who has made and is pursuing an appeal against the �2decision whichembodies a�� determination that he is not so incapable,

but only for the period �3beginning with the date on which that determination takeseffect until� the determination of his appeal.

26.-27. �4�

�5Persons engaged in training�

28. A person who is �5not a qualifying young person or child within the meaning ofsection 142 of the Contributions and Benefits Act (child and qualifying young person)and who is� engaged in training, and for this purpose “training” means training forwhich persons aged under 18 are eligible and for which persons aged 18 to 24 may beeligible �6secured by the �7�8Secretary of State� or the Chief Executive of SkillsFunding� or by the �9Welsh Ministers�� and, in Scotland, directly or indirectly bya Local Enterprise Company pursuant to its arrangement with, as the case may be,

2Words inserted in para.24(c) & 25(b) by para.3 of Sch. 6 to S.I. 1999/2422 as from 6.9.99.

(a ) Sections 171A to 171C were inserted by section 5 of the Social Security (Incapacity forWork) Act 1994 (c. 18).

(b) S.I. 1976/615; relevant amending instruments are S.I. 1982/699, 1987/409, 1992/247,1994/2975 and 1995/987.

3Words inserted in Sch.1B para. 25 by reg. 6of S.I. 2005/337 asfrom 18.3.05.

5Heading and wordsinserted in para. 28 byreg. 2(7)(b) and (c) ofS.I. 2006/718 as from10.4 .06 .

1Words in heading topara. 24 inserted bypara. 3(c) of Sch. 6 toS.I. 1999/2422 as from6.9 .99 .

9Words substituted inSch. 1B, para. 28 byreg. 2(6) of S.I. 2008/3157 as from 5.1.09.

4Paras. 26 & 27 omittedby reg. 2(11) of S.I.2008/698 as from14.4 .08 .

7Words substituted inpara. 28 of Sch. 1B byreg. 3(4) of S.I. 2010/1941 as from 1.9.10.8Words substituted inpara. 28 of Sch. 1B byreg. 3(4) of S.I. 2012/956 as from 1.5.12.



Schs. 1B-2

6.2911

2Para. 1 of Sch. 2substituted by Sch. 1 toS.I. 2015/30. See reg.1(2)(f) forcommencement dates.


�1Skills Development Scotland,� Scottish Enterprise or Highlands and Islands Enterprise(whether that arrangement is known as an Operating Contract or by any other name).

SCHEDULE 2 Regulations 17 and 18

APPLICABLE AMOUNTS

�2PART I

PERSONAL ALLOWANCES

1. The weekly amounts specified in column (2) below in respect of each person orcouple specified in column (1) shall be the weekly amounts specified for the purposes ofregulations 17(1) and 18(1) (applicable amounts and polygamous marriages)–

(1) (2)Person or Couple Amount

(1)(a) Single claimant aged–(a) except where head (b) or (c) of this sub-paragraph (1) (a) �3£58.90�;

applies, less than 18;

(b) less than 18 who falls within any of the (b) �3£58.90�;circumstances specified in paragraph 1A(b);

(c) less than 18 who satisfies the condition in (c) �3£58.90�;paragraph 11(1)(a);

(d) not less than 18 but less than 25; (d) �3£58.90�;

(e) not less than 25. (e) �3£74.35�.

(2) Lone parent aged–

(a) except where head (b) or (c) of this sub-paragraph (2) (a) �3£58.90�;applies, less than 18;

(b) less than 18 who falls within any of the circum- (b) �3£58.90�;stances specified in paragraph 1A;

(c) less than 18 who satisfies the condition in paragraph (c) �3£58.90�;11(1)(a);

(d) not less than 18. (d) �2£74.35�.

(3)(c) Couple–

(a) where both members are aged less than 18 and– (a) �3£89.00�.

(i) at least one of them is treated as responsible fora child; or

(ii) had they not been members of a couple, eachwould have qualified for income support underregulation 4ZA or income-related employmentand support allowance; or

(iii) the claimant’s partner satisfies the requirementsof section 3(1)(f)(iii) of the Jobseekers Act 1995(prescribed circumstances for persons aged 16but less than 18); or

1Words inserted inpara. 28 of Sch. 1B byreg. 2(3)(b) of S.I.2009/583 as from6.4 .09 .

(a ) Sub-paragraphs (1) and (2) were substituted by S.I. 1990/1168 and amended by S.I. 1996/206 and 2007/719.

(b) Paragraph 1A of Part 1 of Schedule 2 was inserted by S.I. 1996/206.(c) Sub-paragraph (3) was substituted by S.I. 1996/206 and amended by S.I. 2010/641.

3Sums in col. 2 para. 1of Sch. 2 substitutedby art. 21(3)(a) & Sch.2 of S.I. 2020/234.See art. 1(3)(h) of thisS.I. for when to applyin certain cases.



Sch. 2


(iv) there is in force in respect of the claimant’s partnera direction under section 16 of the Jobseekers Act1995 (persons under 18; severe hardship);

(b) where both members are aged less than 18 and head (a) (b)�3£58.90�;does not apply but one member of the couple falls withinany of the circumstances specified in paragraph 1A;

(c) where both members are aged less than 18 and heads (a) (c)�3£58.90�;and (b) do not apply

(d) where both members are aged not less than 18; (d)�3£116.80�;

(e) where one member is aged not less than 18 and the other (e)�3£116.80�;member is a person under 18 who–

(i) qualifies for income support under regulation 4ZA orincome-related employment and support allowance,or who would so qualify if he were not a member of acouple; or

(ii) satisfies the requirements of section 3(1)(f)(iii) of theJobseekers Act 1995 (prescribed circumstances forpersons aged 16 but less than 18); or

(iii) is the subject of a direction under section 16 of theJobseekers Act 1995 (persons under 18; severehardships);

(f) where the claimant is aged not less than 18 but less than 25 (f)�3£58.90�;and his partner is a person under 18 who–

(i) would not qualify for income support under regulation4ZA or income-support employment and supportallowance if he were not a member of a couple; and

(ii) does not satisfy the requirements of section 3(1)(f)(iii)of the Jobseekers Act 1995 (prescribed circumstancesfor persons aged 16 but less than 18); and

(iii) is not the subject of a direction under section 16 of theJobseekers Act 1995 (persons under 18; severe hardship);

(g) where the claimant is aged not less than 25 and his partner is (g)�3£74.35�.a person under 18 who–

(i) would not qualify for income support under regulation4ZA or income-related employment and supportallowance if he were not a member of a couple; and

(ii) does not satisfy the requirements of section 3(1)(f)(iii)of the Jobseekers Act 1995 (prescribed circumstancesfor persons aged 16 but less than 18); and

(iii) is not the subject of a direction under section 16 of theJobseekers Act 1995 (persons under 18: severe hardship).�

(1) (2)Person or Couple Amount

3Sums in col. 2 para. 1of Sch. 2 substitutedby art. 21(3)(a) & Sch.2 of S.I. 2020/234.See art. 1(3)(h) of thisS.I. for when to applyin certain cases.


SI 1987/1967INCOME SUPPORT (GENERAL) REGULATIONS 1987Sch. 2

6.2913

1Para. 1A inserted bypara. 4 of Sch. 2 to S.I.1996/206 as from7.10 .96 .

(a ) 1952 c. 25.(b) 1989 c. 45.(c) 1989 c. 41.


�11A.—(1) The circumstances referred to in paragraph 1 are that–(a) the person has no parents nor any person acting in the place of his parents;

(b) the person–

(i) is not living with his parents nor any person acting in the place of hisparents; and

(ii) in England and Wales, was being looked after by a local authority pursuantto a relevant enactment who placed him with some person other than aclose relative of his; or in Scotland, was in the care of a local authorityunder a relevant enactment and whilst in that care was not living with hisparents or any close relative, or was in custody in any institution towhich the Prison Act 1952(a) or the Prisons (Scotland) Act 1989(b)applied immediately before he attained the age of 16;

(c) the person is in accommodation which is other than his parental home,and which is other than the home of a person acting in the place of hisparents, who entered that accommodation–

(i) as part of a programme of rehabilitation or resettlement, that programmebeing under the supervision of the probation service or a local authority;or

(ii) in order to avoid physical or sexual abuse; or(iii) because of a mental or physical handicap or illness and needs such

accommodation because of his handicap or illness;

(d) the person is living away from his parents and any person who is actingin the place of his parents in a case where his parents are or, as the casemay be, that person is, unable financially to support him and his parentsare, or that person is–(i) chronically sick or mentally or physically disabled; or

(ii) detained in custody pending trial or sentence upon conviction or undersentence imposed by a court; or

(iii) prohibited from entering or re-entering Great Britain; or

(e) the person of necessity has to live away from his parents and any personacting in the place of his parents because–(i) he is estranged from his parents and that person; or

(ii) he is in physical or moral danger; or

(iii) there is a serious risk to his physical or mental health.

(2) In this paragraph(a) “chronically sick or mentally or physically disabled” has the same meaning

it has in regulation 13(3)(b) (circumstances in which persons in relevanteducation are to be entitled to income support);

(b) in England and Wales, any reference to a person acting in place of a person’sparents includes a reference to–

(i) where the person is being looked after by a local authority orvoluntary organisation who place him with a family, a relative of his,or some other suitable person, the person with whom the person isplaced, whether or not any payment is made to him in connectionwith the placement; or

(ii) in any other case, any person with parental responsibility for thechild, and for this purpose “parental responsibility” has the meaningit has in the Children Act 1989(c) by virtue of section 3 of that Act;

(c) in Scotland, any reference to a person acting in place of a person’s parentsincludes a reference to a local authority or voluntary organisation where thepersons in their care under a relevant enactment, or to a person with whom


SI 1987/1967 INCOME SUPPORT (GENERAL) REGULATIONS 1987Sch. 2


4Sums in col. (2) of para.2(1) substituted by art.21(3) of S.I. 2020/234.See art. 1(3)(h) of this S.I.for when to apply incertain cases.

the person is boarded out by a local authority or voluntary organisationwhether or not any payment is made by them.�

2. �1�


2.�2—(1)� The weekly amounts specified in column (2) below inrespect of each person specified in column (1) shall�2, for therelevant period specified in column(1),� be the weekly amountsspecified for the purposes of regulations 17(1)(b) and 18(1)(c).

(1) (2)Child or Young Person Amount

�3Person in respect of the period–

(a) beginning on that person’s date (a) �4£68.27;�of birth and ending on the daypreceding the first Monday inSeptember following that person’ssixteenth birthday;

(b) beginning on the first Monday in (b) �4£68.27;�September following that person’ssixteenth birthday and ending onthe day preceding that person’s�5twentieth� birthday;�

�2(2) In column (1) of the table in paragraph (1), “the first Mondayin September” means the Monday which first occurs in the monthof September in any year.�

2A. �6�

6Para. 2A omitted bypara. 6 of Sch. 1 to S.I.2003/1121 as from6.10 .03 .

1Para. 2 omitted by para.20(a) of Sch. 1 to S.I.2003/455 as from6.4 .04 .

2Amdts to para. 2 andinsertions of para. 2(2) byreg. 2 of S.I. 1996/2545as from 7.4.97.

3Cols. (1) and (2) of para.2(1) substituted by reg.2(1)(a) & (b) of S.I. 1999/2555 as from 10.4.00.

5Words in para. (b) ofcolumn (1) substituted byreg. 2(8) of S.I. 2006/718as from 10.4.06immediately after art.16(3) of the SocialSecurity Benefits Up-rating Order 2006 comesinto force.




PART II

3. �1�

These paragraphs continue to be reproduced as they remain in force incertain cases. See reg. 1 of S.I. 2003/455 at page 6.7203 for details ofwhen to apply this version.

Regulations 17�2(1)�(c)�2and 18(1)�(d)

FAMILY PREMIUM

3.�3—(1)� The weekly amount for the purposes of regulations17�2(1)�(c) �2and 18(1)�(d) in respect of a family of which atleast one member is a child or young person shall be–

(a) where the claimant is a lone parent �4to whom theconditions in both sub-paragraphs (2) and (3) apply��5£17.60�;

(b) in any other case, �5£17.60�.

�6(2) The first condition for the purposes of sub-paragraph (1)(a)is that the claimant–

(a) was both a lone parent and entitled to income supporton 5th April 1998; or

(b) does not come within head (a) above but–

(i) was both a lone parent and entitled to income supporton any day during the period of 12 weeks ending on5th April 1998;

(ii) was both a lone parent and entitled to income supporton any day during the period of 12 weeks commencingon 6th April 1998; and

(iii) the last day in respect of which (i) above applied wasno more than 12 weeks before the first day in respectof which (ii) above applied.

(3) The second condition for the purposes of sub-paragraph(1)(a) is that as from the appropriate date specified in sub-paragraph (4), the claimant has continued, subject to sub-paragraph (5), to be both a lone parent and entitled to incomesupport.

(4) The appropriate date for the purposes of sub-paragraph (3)is–

(a) in a case to which sub-paragraph (2)(a) applies, 6th April1998;

(b) in a case to which sub-paragraph (2)(b) applies, the firstday in respect of which sub-paragraph (2)(b)(ii) applied.

(5) For the purposes of sub-paragraph (3), where the claimanthas ceased, for any period of 12 weeks or less, to be–

(a) a lone parent; or

(b) entitled to income support; or

(c) both a lone parent and entitled to income support,

the claimant shall be treated, on again becoming both a loneparent and entitled to income support, as having continued tobe both a lone parent and entitled to income support throughoutthat period.

(6) In determining whether the conditions in sub-paragraphs (2)and (3) apply, entitlement to an income based jobseeker ’sallowance shall be treated as entitlement to income support forthe purposes of any requirement that a person is entitled toincome support.�

�7(7) For the purposes of this paragraph, a claimant shall betreated as having been entitled to income support throughoutany period which comprises only days on which he wasparticipating in an employment zone programme and was notentitled to income support because, as a consequence of hisparticipation in that programme, he was engaged in remunerativework or had income in excess of his applicable amount asprescribed in Part IV.�

1Para 3. omitted by para.20(a) of Sch. 1 to S.I.2003/455 as from6.4 .04 .

5Sums in para. 3(1)(a) &(b) substituted by art.21(4)(a) & (b) of S.I. 2020/234. See art. 1(3)(h) tothis S.I. for relevanteffective dates.

2Refs. inserted andsubstituted in para. 3 byreg. 19 of S.I. 1988/1445as from 12.9.88.

3Sub-para. numberinserted in para. 3 of Sch.2 by reg. 12 of S.I. 1998/766 as from 6.4.98.4Words inserted in para.(3)(a) by reg. 12 of S.I.1998/766 as from 6.4.98.

6Sub-paras. (2)-(6)inserted in para. 3 of Sch.2 by reg. 12(b) of S.I.1998/766 as from 6.4.98

7Sub-para. (7) added topara. 3 of Sch. 2 by reg.4(3)(a) of S.I. 2000/724as from 3.4.00.



6.2916 (–6.2922)

1Refs. inserted andsubstituted in para. 4,by reg. 19 of S.I. 1988/1445 as from 12.9.88.

3Ref. in para. 4substituted by reg. 8(a)of S.I. 1990/1776 asfrom 1.10.90.

2Words in para. 4substituted by reg.39(3)(a) of S.I. 1996/1803 as from 6.4.97.

4Para. 6 substituted byreg. 2(c)(i) of S.I. 2000/2629 as from 9.4.01.

7Words inserted in para.7(1)(b) by virtue of art.6(5) S.I. 1995/2986 asfrom 1.1.96.


PART III Regulations 17�1(1)� (d)�1and 18(1)�(e)

PREMIUMS

4. Except as provided in paragraph 5, the weekly premiums specified in Part IVof this Schedule shall, for the purposes of regulations 17�1(1)�(d) �1and 18(1)�(e),be applicable to a claimant who satisfies the condition specified in �2paragraphs 9��3to 14ZA� in respect of that premium.

5. Subject to paragraph 6, where a claimant satisfies the conditions in respect ofmore than one premium in this Part of this Schedule, only one premium shall beapplicable to him and, if they are different amounts, the higher or highest amount shallapply.

�46.—(1) Subject to sub-paragraph (2), the following premiums, namely–

(a) a severe disability premium to which paragraph 13 applies;

(b) an enhanced disability premium to which paragraph 13A applies;(c) �5�


(c) a disabled child premium to which paragraph 14 applies;and

(d) a carer premium to which paragraph 14ZA applies,may be applicable in addition to any other premium which may apply under thisSchedule.

(2) An enhanced disability premium in respect of a person shall not be applicable inaddition to–

(a) a pensioner premium under paragraph 9 or 9A(a); or(b) a higher pensioner premium under paragraph 10(b).�

7.�6—(1) Subject to sub-paragraph (2)� for the purposes of this Part of thisSchedule, once a premium is applicable to a claimant under this Part, a personshall be treated as being in receipt of any benefit–

(a) in the case of a benefit to which the Social Security (OverlappingBenefits) Regulations 1979(c) applies, for any period during which, apartfrom the provisions of those Regulations, he would be in receipt of thatbenefit; and

(b) for any period spent by a person in undertaking a course of training orinstruction provided or approved by the �7Secretary of State forEducation and Employment� under section 2 of the Employment andTraining Act 1973(d)�8, or by the �9Skills Development Scotland,� ScottishEnterprise or Highlands and Islands Enterprise under section 2 of theEnterprise and New Towns (Scotland) Act 1990(e),� �10or for any periodduring which he is in receipt of a training allowance�.

6Para. 7 renumbered7(1) & words insertedby reg. 8(c)(i) of S.I.1990/1776 as from1.10 .90 .

10Words added to para.7(1)(b) by reg. 6(e) ofS.I. 1989/1678 as from9.10 .89 .

8Words added to para.7(1)(b) by art. 9(d) ofS.I. 1991/387 as from1.4 .91 .

5Para 6(1)(c) omitted bypara. 20(a) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

(a ) Paras. 9 and 9A were substituted by S.I. 1989/534.(b) Para. 10 is amended by S.I. 1988/663, 1992/468 and 1998/2231.(c) S.I. 1979/597.(d) 1973 c. 50, as amended by ss. 9 and 11 and Sch. 2, Part II para. 9 and Sch. 3 of the

Employment and Training Act 1981 (c. 57).(e) 1990 c. 35.

9Words inserted in para.7(1)(b) of Sch. 2 byreg. 2(3)(c) of S.I.2009/583 as from6.4 .09 .



6.2923

(a ) S. 39B was inserted by s. 55(2) of the Welfare Reform and Pensions Act 1999(c. 30).


6For the period 9.4.01 to9.4.06 only, para. 8A insquare brackets insertedby reg. 2(3)(b) of S.I.2000/2239 .

�1(2) For the purposes of the carer premium under paragraph 14ZA, a personshall be treated as being in receipt of �2carer’s allowance� by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care theallowance has been claimed remains in receipt of attendance allowance �3, �4� thecare component of disability living allowance at the higher or middle rateprescribed in accordance with section 37ZB(3) of the Social Security Act �4or thedaily living component of personal independence payment at the standard or enhancedrate in accordance with section 78(3) of the 2012 Act �5or armed forces independencepayment��.��

[�6Bereavement Premium

8A.—(1) Subject to sub-paragraphs (2) and (3), the condition is that the claimant–

(a) had, as at 9th April 2001 �7or of a civil partner who died on or after 5thDecember 2005�, attained the age of 55 but not the age of 60;

(b) was in receipt of, but is no longer entitled to, a bereavement allowance undersection 39B of the Contributions and Benefits Act(a) in respect of the deathof a spouse who died on or after 9th April 2001; and

(c) is claiming income support as a single claimant.

(2) A premium under sub-paragraph (1) shall not be applicable in respect of aclaimant who claims income support more than 8 weeks after the last day on which hewas entitled to a bereavement allowance.

(3) Where a claimant to whom a premium under sub-paragraph (1) is applicable,ceases to entitled to income support or to be a single claimant, a premium under sub-paragraph (1) shall only again be applicable to that claimant where he claims incomesupport as a single claimant no more than 8 weeks after the date on which he ceased tobe entitled to income support or to an income-based jobseeker’s allowance or, as thecase may be, to be a single claimant.�]

Lone Parent Premium

8. �8�

��9Pensioner premium for persons under 75

�109. The condition is that the claimant has a partner aged �11not less than thequalifying age for state pension credit� but less than 75.�

Pensioner premium for persons 75 and over

�109A. The condition is that the claimant has a partner aged not less than 75 butless than 80.��

Higher Pensioner Premium

10.—�12(1) �13Subject to sub-paragraph (6), the� condition is that–(a) the claimant’s partner is aged not less than 80; or

3Words added to para.7(2) by reg. 11(4)(a) ofS.I. 1991/2742 as from6.4 .92 .

1Sub-para. (2) added topara. 7 by reg. 8(c)(ii)of S.I. 1990/1776 asfrom 1.10.90.2Words substituted inpara. 7(2) by Sch. 2 ofS.I. 2002/2497 as from1.4 .03 .

8Sch. 2, Part III, para. 8deleted by reg. 39(3)(b)as from 7.4.97.9Paras. 9 and 9A of Sch.2 substituted for para. 9by reg. 5(a) of S.I.1989/534 as from9.10 .89 .10Paras. 9 & 9Asubstituted by reg.29(5)(a) & (b) of S.I.2002/3019 as from6.10 .03 .

7Words inserted in para.8A(1)(a) by para. 13(7)of Sch. 3 to S.I. 2005/2877 as from 5.12.05.

4Words omitted & addedto para. 7(2) of Sch. 2by para. 11(5)(a) ofSch. to S.I. 2013/388 asfrom 8.4.13.5Words inserted in para.7(2) of Sch. 2 by para.4(5)(a) of Sch. to S.I.2013/591 as from8.4 .13 .

11Words substituted inpara. 9 by reg. 3(2) ofS.I. 2009/1488 as from6.4 .10 .12Para. 10(1) substitutedby reg. 29(5)(c) of S.I.2002/3019 as from6.10 .03 .13Words substituted inpara. 10(1) by reg. 2(7)of S.I. 2007/719 asfrom 9.4.07 or later, seereg. 1 ibid.






6.2925

Sch. 2

5Para. 10(4) inserted byreg. 13(3)(a) of S.I.1998/2231 as from5.10 .98 .


(b) the claimant’s partner is aged less than 80 but �1not less than the qualifyingage for state pension credit� and either–(i) the additional condition specified in paragraph 12(1)(a)�2, (c) or (d)(a)�

is satisfied; or(ii) the claimant was entitled to, or was treated as being in receipt of, income

support and–(aa) the disability premium was or, as the case may be, would have been,

applicable to him in respect of a benefit week within eight weeks of�1the day his partner attained the qualifying age for state pensioncredit�; and

(bb) he has, subject to sub-paragraph (3), remained continuously entitledto income support since his partner attained�1the qualifying age forstate pension credit�.�

(3) For the purposes of this paragraph and paragraph 12–(a) once the higher pensioner premium is applicable to a claimant, if he

then ceases, for a period of eight weeks or less, to be entitled to�3, or treatedas entitled to� income support, he shall, on becoming re-entitled to incomesupport, thereafter be treated as having been continuously entitled thereto;

(b) in so far as �4sub-paragraph (1)(b)(ii) is� concerned, if a claimant ceases tobe entitled to �3or treated as entitled to� income support for a period notexceeding eight weeks which includes �1the day his partner attained thequalifying age for state pension credit�, he shall, on becoming re-entitled toincome support, thereafter be treated as having been continuously entitledthereto.

�5(4) In the case of a claimant who is a welfare to work beneficiary, references insub-paragraphs (1)(b)(ii), �6� and (3)(b) to a period of 8 weeks shall be treated asreferences to a period of �7104 weeks�.�

�3(5) For the purposes of this paragraph, a claimant shall be treated as having beenentitled to and in receipt of income support throughout any period which comprisesonly days on which he was participating in an employment zone programme and wasnot entitled to income support because, as a consequence of his participation in thatprogramme, he was engaged in remunerative work or had income in excess of hisapplicable amount as prescribed in Part IV.�

�8(6) The condition is not satisfied if the claimant’s partner to whom sub-paragraph(1) refers is a long-term patient.�

Disability Premium

11.�9—(1)Subject to sub-paragraph (2), the� condition is that–(a) where the claimant is a single claimant or a lone parent, �4� the additional

condition specified in paragraph 12 is satisfied; or(b) where the claimant has a partner, either–

�4(i) the claimant satisfies the additional condition specified in paragraph12(1)(a), (b)�2, (c) or (d)��

(ii) his partner �1has not attained the qualifying age for state pension credit�and the additional condition specified in paragraph 12(1)(a)�2, (c) or(d)� is satisfied by his partner.

�9(2) The condition is not satisfied if–(a) the claimant is a single claimant or a lone parent and (in either case) is a

long-term patient;(b) the claimant is a member of a couple or polygamous marriage and each

member of the couple or polygamous marriage is a long-term patient; or(c) the claimant is a member of a couple or a polygamous marriage and a member

of that couple or polygamous marriage is–

(i) a long-term patient; and

3Words inserted in para.10(3)(a) & (b) & para.10(5) added by reg.4(3)(b) of S.I . 2000/724as from 3.4.00.

2Words inserted into reg.10(1)(b)(i) & reg.11(1)(b)(i) & (ii) of S.I.2003/2379 as from6.10 .03 .

(a ) Paragraph 12(1) is amended by S.I. 2002/3019.

7Words substituted inpara. 10(4) by reg.5(7)(a) of S.I. 2006/2378 as from 1.10.06.

6Words omitted in para.10(4) by reg. 2(7) ofS.I. 2007/719 as from2.4 .07 .

9Para. 11 renumbered11(1), words substitutedin 11(1) and 11(2)inserted by reg. 2(7) ofS.I. 2007/719 as from9.4.07 or later, see reg.1 ibid.

1Words substituted inparas. 10(1), 10(3) &11(1)(b)(ii) of Sch. 2by regs. 3(3) & (4) ofS.I. 2009/1488 as from6.4 .2010 .

4Words in 10(3)(b) &11(1)(a) substituted &omitted, para.11(1)(b)(i) substitutedby reg. 29(5)(d) of S.I.2002/3019 as from6.10 .03 .

8Para. 10(6) inserted byreg. 2(7) of S.I. 2007/719 as from 9.4.07 orlater, see reg. 1 ibid.



4Words in para 12(1)(a)(i) substituted by Sch. 1para. 20(b) of S.I. 2003/455 as from 7.4.03 orlater subject to reg. 1(5)(a) ibid.

(a ) 1977 c. 49; s. 5(2) amended and subsection (2A) added by s. 1 of the Public HealthLaboratory Service Act 1979 (c. 23) and subsection (2B) added by s. 9 of the Health andSocial Security Act 1984 (c. 48).

(b) 1978 c. 29.(c) Part XIIA is inserted by ss. 5 and 6(1) of the Social Security (Incapacity for Work) Act

1994.(d) S. 30B is inserted by s. 2(1) of the Social Security (Incapacity for Work) Act 1994.

6.2926

Sch. 2


(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers.�

Additional condition for the Higher Pensioner and Disability Premium

12—(1) Subject to sub-paragraph (2) and paragraph 7 the additional conditionreferred to in paragraphs 10 and 11 is that either–

(a) the claimant, or as the case may be, his partner–

(i) is in receipt of one or more of the following benefits: attendanceallowance, �1disability living allowance, �2armed forces independencepayment,� �3personal independence payment� �4the disability elementor the severe disability element of working tax credit as specified inregulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement andMaximum Rate) Regulations 2002��, mobility supplement, �5long-termincapacity benefit� under �6Part II of the Contributions and BenefitsAct or severe disablement allowance under Part III of that Act� �7but, inthe case of �5long-term incapacity benefit� or severe disablementallowance only where it is paid in respect of him�; or

(ii) is provided by the Secretary of State with an invalid carriage or othervehicle under section 5(2) of the National Health Service Act 1977(a)(other services) or, in Scotland, under section 46 of the National HealthService (Scotland) Act 1978(b) (provision of vehicles) or receivedpayments by way of grant from the Secretary of State under paragraph 2of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or,in Scotland, under that section 46; or

�8(iii) is certified as severely sight impaired or blind by a consultantophthalmologist; or�

�9(b) the claimant–

(i) is entitled to statutory sick pay or �10is, or is treated as, incapable ofwork,� in accordance with the provisions of Part XIIA of theContributions and Benefits Act and the regulations made there-under(incapacity for work)(c), and

(ii) has been so entitled or so incapable �10, or has been treated as soincapable,� for a continuous period of not less than–

(aa) 196 days in case of a claimant who is terminally ill within the meaningof section 30B(4) of the Contributions and Benefits Act(d); or

(bb) �11subject to �12paragraph 2A� of Schedule 7,� 364 days in any othercase;

and for these purposes any two or more periods of entitlement or incapacityseparated by a break of not more than 56 days shall be treated as onecontinuous period; or�

1Words substituted inpara. 12(1)(a)(i) by reg.11(4)(b) of S.I. 1991/2742 as from 6.4.92.

5Words in para. 12(1)(a)(i)substituted for “invaliditypension” by reg. 16(2) ofS.I. 1995/482 as from13.4.95, subject to savingin reg. 20(4) ibid.6Words in para. 12(1)(a)(i) substituted by reg.30(2) of S.I. 1994/2139as from 3.10.94.7Words inserted intopara. 12(1)(a)(i) by reg.29(c)(i) of S.I. 1988/663as from 11.4.88.

10Words substituted inpara. 12(1)(b)(i), & wordsinserted in para. 12(1)(b)(ii),by reg. 6(8)(a) and 6(8)(b)respectively of S.I. 1995/2303 as from 2.10.95.

9Head (b) of para. 12(1)substituted by reg. 17(a)of S.I. 1995/482 as from13.4.95.

11Words inserted in para.12(1)(b)(i i)(bb) by reg.4(3)(a) of S.I. 2005/3360 as from 10.4.06(see reg. 1(c) of this S.I.page 3.4081 for otherinstances to apply).12Words substituted inpara. 12(1)(b)(i i)(bb) byreg. 2(7)(d) of S.I. 2007/719 as from 9.4.07 orlater see reg. 1 ibid.

3Words added to para. 12(1)(a)(i) of Sch. 2 by para.11(5)(b)(i) of Sch. to S.I.2013/388 as from 8.4.13.

2Words inserted in para. 12(1)(a)(i) of Sch. 2 by para.4(5)(b) of Sch. to S.I.2013/591 as from 8.4.13.

8Para. 12(1)(a)(iii)substituted by reg. 3(2)(a)(i)(aa) of S.I. 2014/2888 as from 26.11.14.(See reg. 1(2) for revisedeffective dates in certaincircumstances).



10Para. 12(3) deleted &by 12(6) inserted toSch. 2 by regs. 16(3) &17(b) of S.I . 1995/482as from 13.4.95.

12Para. 12(5) added toSch. 2 by reg. 17(b) ofS.I. 1988/2022 as from12 .12 .88 .13Words added to para.12(5) by reg. 6(e) ofS.I. 1989/1678 as from9.10 .89 .

(a ) 1973 c. 50; Section 2 was substituted by the Employment Act 1988 (c. 19), Section 25.

Sch. 2

6.2927

7Para. 12(1A) insertedby reg. 13(3)(b) of S.I.1998/2231 as from5.10 .98 .

14Para. 12(7) of Sch. 2omitted by reg. 2(d) ofS.I. 2003/1589 as from25 .10 .04 .


�1(c) the claimant’s partner was in receipt of long-term incapacity benefit underPart II of the Contributions and Benefits Act when entitlement to that benefitceased on account of the payment of a retirement pension under that Act �2ora state pension under Part 1 of the Pensions Act 2014� and–

(i) the claimant has since remained continuously entitled to income support;

(ii) the higher pensioner premium or disability premium has been applicableto the claimant; and

(iii) the partner is still alive;

(d) except where paragraph �32A �4�� of Schedule 7 (patients) applies, theclaimant or, as the case may be, his partner was in receipt of attendanceallowance�5, disability living allowance or personal independencepayment�–(i) but payment of that benefit has been suspended under the �6Social

Security (Attendance Allowance) Regulations 1991�5, the SocialSecurity (Disability Living Allowance) Regulations 1991 or regulationsmade under section 86(1) (hospital in-patients) of the 2012 Act�� orotherwise abated as a consequence of the claimant or his partnerbecoming a patient within the meaning of regulation 21(3); and

(ii) a higher pensioner premium or disability premium has been applicableto the claimant.�

�7(1A) In the case of a claimant who is a welfare to work beneficiary, the referencein sub-paragraph (1)(b) to a period of 56 days shall be treated as a reference to a periodof �8104 weeks�.�

�9(2) For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to becertified as severely sight impaired or blind on regaining his eyesight shall neverthelessbe treated as severely sight impaired or blind, as the case may be, and as satisfying theadditional condition set out in that sub-paragraph for a period of 28 weeks followingthe date on which he ceased to be so certified.�

(3) �10�

(4) For the purpose of �11sub-paragraph (1)(c) and (d)�, once the higher pensionerpremium is applicable to the claimant by virtue of his satisfying the condition specifiedin that provision, if he then ceases, for a period of eight weeks or less, to be entitled toincome support, he shall on again becoming so entitled to income support, immediatelythereafter be treated as satisfying the conditions in �11sub-paragraph (1)(c) and (d)�.

�12(5) For the purposes of sub-paragraph (1)(b), once the disability premium isapplicable to a claimant by virtue of his satisfying the additional condition specifiedin that provision, he shall continue to be treated as satisfying that condition for anyperiod spent by him in undertaking a course of training provided under section 2 ofthe Employment and Training Act 1973(a) �13or for any period during which he is inreceipt of a training allowance�.�

�10(6)For the purposes of �11sub-paragraph (1)(a)(i) and (c)�, a reference to a personin receipt of long-term incapacity benefit includes a person in receipt of short-termincapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) ofthe Contributions and Benefits Act (short-term incapacity benefit for a person who isterminally ill), or who would be or would have been in receipt of short-term incapacitybenefit at such a rate but for the fact that the rate of short-term incapacity benefitalready payable to him is or was equal to or greater than the long-term rate.�

(7) �14�

Severe Disability Premium

13.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severelydisabled person if, and only if–

1Para. 12(1)(c)substituted for (c) & (d)by reg. 29(5)(e) of S.I.2002/3019 as from6.10 .03 .

11Words substituted inSch. 2 paras. 12(4) &(6) by reg. 2(4)(a) &(b) of S.I. 2003/2379as from 6.10.03.

6Words substituted inpara. 12(1)(d)(i) by reg.6 of S.I. 2004/1141 asfrom 12.5.04.

3Words in para. 12(1)(d)substituted by reg.4(3)(b) of S.I. 2005/3360 as from 10.4.06(See reg. 1(c) of S.I.page 3.4081 for otherinstances to apply).

8Words substituted inpara. 12(1A) by reg.5(7)(a) of S.I. 2006/1378 as from 1.10.06.

4Words omitted in para.12(1)(d) by reg. 2(7)(d)of S.I. 2007/719 asfrom 9.4.07 or later, seereg. 1 ibid.5Words in para. 12(d)substituted by para.11(5)(b)(ii) of Sch. toS.I. 2013/388 as from8.4 .13 .

9Para. 12(2) substitutedby reg. 3(2)(a)(i)(bb) ofS.I. 2014/2888 as from26.11.14. (See reg. 1(2)for revised effectivedates in somecircumstances).

2Words in para. 12(1)(c)to Sch. 2 inserted by art.8(2) of S.I . 2015/1985as from 6.4.16.



6.2928

2Words inserted intopara. 13(2)(a)(i),(2)(b)(i), (3)(a) and(3A)(a) by reg. 11(4)(e)of S.I. 1991/2742 asfrom 6.4.92.

9Para. 13(2A) insertedby reg. 3(3) of S.I.1993/1150 as from25.5 .93 .

11Para. 13(3)(b) deletedby reg. 18(3) of S.I.1993/2119 as from4.10 .93 .

5Words substituted inpara. 13(2)(a)(ii) and(2)(b)(iii) by reg. 2(3)of S.I. 1994/3061 asfrom 2.12.94.6Paras. 13(2)(a)(iii) and(3A)(b) substituted andwords in para. (2)(b),(3A) and (3A)(a) & bsubstituted and deletedby reg. 4(2)(a) of S.I.2000/681 as from3.4 .00 .


(a) in the case of a single claimant�1, a lone parent or a claimant who is treatedas having no partner in consequence of sub-paragraph (2A)�–

(i) he is in receipt of attendance allowance�2, �3� the care component ofdisability living allowance at the highest or middle rate prescribed inaccordance with section 37ZB(3) of the Social Security Act �3or thedaily living component of personal independence payment at the standardor enhanced rate in accordance with section 78(3) of the 2012 Act� �4orarmed forces independence payment��, and

(ii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over�5normally residing with him or with whom he is normally residing,�and

�6(iii) no person is entitled to, and in receipt of, �7a carer’s allowance� undersection 70 of the Contributions and Benefits Act �8or has an award ofuniversal credit which includes the carer element� in respect of caringfor him;�

(b) �6in the case of a claimant who� has a partner–

(i) he is in receipt of attendance allowance �2�3� the care component ofdisability living allowance at the highest or middle rate prescribed inaccordance with section 37ZB(3) of the Social Security Act �3or thedaily living component of personal independence payment at the standardor enhanced rate in accordance with section 78(3) of the 2012 Act� �4orarmed forces independence payment��; and

(ii) his partner is also in receipt of such an allowance or, if he is a member ofa polygamous marriage, all the partners of that marriage are in receiptthereof; and

(iii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over�5normally residing with him or with whom he is normally residing,�

and, either �6a person is entitled to, and in receipt of, �7a carer’s allowance��8or has an award of universal credit which includes the carer element� inrespect of caring for only one of the couple or, in the case of a polygamousmarriage, for one or more but not all the partners of the marriage or, as thecase may be, no person is entitled to, and in receipt of, such an allowance��8or has such an award of universal credit� in respect of caring for eithermember of the couple or any partner of the polygamous marriage.

�9(2A) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii) and that partner is �10severely sight impaired or blind or treated asseverely sight impaired or blind� within the meaning of paragraph 12(1)(a)(iii) and(2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were nota partner of the claimant.�

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall betaken of–

(a) a person receiving attendance allowance�2, �3� the care component ofdisability living allowance at the highest or middle rate prescribed inaccordance with section 37ZB(3) of the Social Security Act �3or the dailyliving component of personal independence payment at the standard orenhanced rate in accordance with section 78(3) of the 2012 Act� �4or armedforces independence payment��; or

(b) �11�(c) subject to sub-paragraph (4), a person who joins the claimant’s household

for the first time in order to care for the claimant or his partner and immediatelybefore so joining the claimant or his partner was treated as a severely disabledperson �12or

(d) a person who is �10severely sight impaired or blind or treated as severelysight impaired or blind� within the meaning of paragraph 12(1)(a)(iii) and(2).�

�13(3A) for the purposes of sub-paragraph (2)(b) a person shall be treated �6�–(a) �6as being in receipt of� attendance allowance�2, or the care component of

disability living allowance at the highest or middle rate prescribed inaccordance with section 37ZB(3) of the Social Security Act� if he would,but for his being a patient for a period exceeding 28 days, be so in receipt;

7Words substituted inpara. 13(2)(a)(iii) ,(2)(b), (3A)(b) & (3ZA)by Sch. 2 of S.I. 2002/2497 as from 1.4.03.

13Sub-para. (3A)inserted in para. 13 byreg. 29(d) of S.I. 1988/663 as from 11.4.88.

12Word “or” and para.13(3)(d) added by reg.3(4) of S.I . 1993/1150as from 25.5.93.

1Words in para. 13(2)(a)substituted by reg. 3(2)of S.I. 1993/1150 asfrom 25.5.93.

3Words omitted &inserted in para. 13 bypara. 11(5)(c) of Sch. toS.I. 2013/388 as from8.4 .13 .4Words inserted in paras.13(2)(a)(i) , (b)(i) &(3)(a) of Sch. 2 by para.4(5)(c) of Sch. to S.I.2013/591 as from8.4 .13 .

10Words substituted inpara. 13(2A) & (3)(d)by reg. 3(2)(a)(ii) ofS.I. 2014/2888 as from26.11.14. (See reg. 1(2)for revised effectivedates in certaincircumstances).

8Words inserted in para.13(2)(a)(ii i) & (2)(b)by reg. 14(2)-(3) of S.I.2015/1754 as from3.11 .15 .




Sch. 2�1(b) as being entitled to and in receipt of �2a carer’s allowance� �3or having an

award of universal credit which includes the carer element� if he would, butfor the person for whom he was caring being a patient in hospital for a periodexceeding 28 days, be so entitled and in receipt �3of carer’s allowance orhave such an award of universal credit�.�

�4(c) as being in receipt of the daily living component of personal independencepayment at the standard or enhanced rate in accordance with section 78(3) ofthe 2012 Act if he would, but for a suspension of benefit in accordance withregulations under section 86(1) (hospital in-patients) of the 2012 Act, be soin receipt.�

�5(3ZA) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall betaken of an award of �6carer’s allowance� �7or universal credit which includes thecarer element� to the extent that payment of such an award is back-dated for a periodbefore �8the date on which the award is first paid��.

(4) Sub-paragraph (3)(c) shall apply only for the first 12 weeks following the dateon which the person to whom that provision applies first joins the claimant’s household.

�9(5) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of�10a carer’s allowance� �or as having an award of universal credit which includes thecarer element� shall include references to a person who would have been in receipt ofthat allowance �3or had such an award� but for the application of a restriction undersection �116B or� 7 of the Social Security Fraud Act 2001 (loss of provisions).�

�3(6) For the purposes of this paragraph, a person has an award of universal creditwhich includes the carer element if the person has an award of universal credit whichincludes an amount which is the carer element under regulation 29 of the UniversalCredit Regulations 2013.�

��12Enhanced disability premium

13A.—�13(1)Subject to sub-paragraph (2), the condition is that–

(a) the claimant; or

(b) the claimant’s partner (if any) who has not attained the qualifying age forstate pension credit,

is a person to whom sub-paragraph (1ZA) applies.�

Para 13A(1)(b) is reproduced below as it was before the amdt. by S.I.2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 fordetails of when to apply this version.

�14(b) a member of the claimant’s family who is aged less than60.�

�13(1ZA) This sub-paragraph applies to the person mentioned in sub-paragraph (1)where–

(a) armed forces independence payment is payable to that person;

(b) the care component of disability living allowance is, or would, but for asuspension of benefit in accordance with regulations under section 113(2) ofthe Contributions and Benefits Act or but for an abatement as a consequenceof hospitalisation, be payable to that person at the highest rate prescribedunder section 72(3) of that Act; or

(c) the daily living component of personal independence payment is, or would,but for regulations made under section 86(1) (hospital in-patients) of the2012 Act, be payable to that person at the enhanced rate in accordance withsection 78(2) of that Act.�

5Para. 13(3ZA) insertedby reg. 30(4) of S.I.1994/2139 as from3.10 .94 .

8Words substituted inpara. 13(3ZA) by reg.2(7)(e) of S.I. 2007/719as from 2.4.07.

4Words omitted &inserted in para. 13 bypara. 11(5)(c) of Sch. toS.I. 2013/388 as from8.4 .13 .

6Words substituted inpara. 13(2)(a)(iii) ,(2)(b), (3A)(b) & (3ZA)by Sch. 2 of S.I. 2002/2497 as from 1.4.03.

9Sub-para. (5) insertedin reg. 13 by reg. 2 ofS.I. 2002/490 as from1.4 .02 .10Words substituted inpara. 13(5) by Sch. 2 ofS.I. 2002/2497 as from1.4 .03 .11Words inserted in para.13(5) by reg. 10(3) ofS.I. 2010/1160 as from1.4 .10 .12Para. 13A inserted byreg. 2(c)(ii) of S.I.2000/2629 as from9.4 .01 .13Para. 13A(1) & (1ZA)substituted by para.4(5)(d) of Sch. to S.I.2013/591 as from8.4 .13 .14Head. (b) of para. 13A(1)substituted by reg.29(5)(f) of S.I. 2002/3019as from 6.10.03.

1Para. (3A)(b)substituted by reg.4(2)(a) of S.I. 2000/681as from 3.4.00.2Words substituted inpara. (3A)(b) & (3ZA)by Sch. 2 of S.I. 2002/2497 as from 1.4.03.3Words inserted in para.13(2)(b) & (3ZA) byreg. 14(2)-(4) of S.I.2015/1754 as from3.11 .15 .

7Words in para. 13(5) ofSch. 2 & sub-para. (6)inserted by reg. 14(5)-(7) of S.I. 2015/1754 asfrom 3.11.15.




Sch. 2�1�(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because

of the death of a child or young person, the condition is that the claimant �2or partner�is entitled to child benefit in respect of that person under section 145A of theContributions and Benefits Act(a) (entitlement after death of child or qualifying youngperson).�

�3(2) The condition is not satisfied if the person to whom sub-paragraph (1) refersis–

1Sub-para. (1A) insertedin para. 13A by reg.3(5)(a) of S.I. 2011/674 and comes intoforce on the first day ofthe first benefit week tocommence for thatclaimant on or after11 .4 .11 .2Words inserted in para.13A(1A) by reg. 7(7)of S.I. 2011/2425 asfrom 31.10.11.3Para. 13A(2)substituted by reg.2(7)(f) of S.I. 2007/719as from 9.4.07 or later.See reg. 1, ibid

(a ) Section 145A was inserted by section 55 of the Tax Credits Act 2002 (c. 21). It has beenamended but not in a way material to these Regulations.





(a) a child or young person–

(i) whose capital if calculated in accordance with Part 5of these Regulations in like manner as for theclaimant, except as provided in regulation 44(1),would exceed £3,000*; or

(ii) who is a long-term patient;

*The sum of £3,000 in para. 13A(2)(a) above is maintained in force(6.4.20) by art. 21(2) of S.I. 2020/234. See art. 1(3)(h) for when to applyin certain cases.

(b) a single claimant or a lone parent and (in either case) is a long-term patient;(c) a member of a couple or polygamous marriage and each member of the couple

or polygamous marriage is a long-term patient; or(d) a member of a couple or polygamous marriage who–

(i) is a long-term patient; and(ii) is the only member of the couple or polygamous marriage to whom sub-

paragraph (1) refers.�

14. �1�These paragraphs continue to be reproduced as they remain in force incertain cases. See reg. 1 of S.I. 2003/455 at page 6.7203 for details ofwhen to apply this version.

�2Disabled Child Premium

14.—(1) Subject to sub-paragraph (2), the condition is that wherethe child or young person for whom the claimant or a partner ofhis is responsible and who is a member of the claimant’shousehold is–

(a) in receipt of disability living allowance or is no longer inreceipt of that allowance because he is a patient providedthat the child or young person continues to be a memberof the family; �3�

(b) �4severely sight impaired or blind or treated as severelysight impaired or blind� within the meaning of paragraph12(1)(a)(iii) and (2)�3; or

(c) a child or young person in respect of whom section 145Aof the Contributions and Benefits Act (entitlement afterdeath of child or qualifying young person) applies for thepurposes of entitlement to child benefit but only for theperiod prescribed under that section, and in respect ofwhom a disabled child premium was included in theclaimant’s applicable amount immediately before the deathof that child or young person, or ceased to be included inthe claimant’s applicable amount because of that child oryoung person’s death��5; or

(d) a young person who is in receipt of personal independencepayment or who would, but for regulations made undersection 86(1) (hospital in-patients) of the 2012 Act, be soin receipt provided that the young person continues tobe a member of the family.� �6; or

(e) in receipt of armed forces independence payment.�

(2) The condition �7in sub-paragraph (1)(a) �8, (b), (d) or (e)��is not satisfied in respect of a child or young person–

(a) whose capital, if calculated in accordance with Part 5 ofthese Regulations in like manner as for the claimant,except as provided in regulation 44(1), would exceed£3,000*; or

(b) who is a long-term patient.�

*The sum of £3,000 in para. 14(2)(a) above is maintained in force (6.4.20)by art. 21(2) of S.I. 2020/234. See art. 1(3)(h) of the S.I. for when toapply in certain cases.

1Para. 14 omitted bypara. 20(a) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

3Words in para. 14(1)(a)omitted & para. 14(1)(c)inserted by reg. 3(5)(b) ofS.I. 2011/674 and comeinto force on the first dayof the first benefit weekto commence for thatclaimant on or after11.4.11.

2Para. 14 substituted byreg. 2(7)(g) of S.I. 2007/719 as from 9.4.07 orlater, see reg. 1 ibid.

7Words in para. 14(2)inserted by reg. 3(5)(b) ofS.I. 2011/674 and comeinto force on the first dayof the first benefit week tocommence for thatclaimant on or after11.4.11.

5Word & para. 14(1)(d)inserted by para. 11(5)(d)of Sch. to S.I. 2013/388 asfrom 8.4.13.

8Words in para. 14(2)substituted by reg. 2(5) ofS.I. 2014/591 as from28.4.14.

6Word & para. 14(1)(e)inserted in Sch. 2 bypara. 4(5)(e) of Sch. toS.I. 2013/591 as from8.4.13.

4Words in para. 14(1)(b)substituted by reg.3(2)(a)(iii) of S.I. 2014/2888 as from 26.11.14.(See reg. 1(2) for revisedeffective dates in certaincircumstances).



6.2936

11Para. 14B inserted intoSch. 2 by reg. 17 of S.I.1990/547 as from 9.4.90.


9Para. 14A inserted byreg. 19(d) of S.I. 1988/1445 as from 12.9.88.

��1Carer premium14ZA.—(1) �2Subject to sub-paragraph (3) and (4),� the condition is that the

claimant or his partner is, or both of them are, �3entitled to �4a carer’s allowance�under section 70 of the Contributions and Benefits Act.�

(2) �5�

�6(3) Where a carer premium is awarded but–(a) the person in respect of whose care the �4carer’s allowance� has been awarded

dies; or(b) in any other case the person in respect of whom a carer premium has been

awarded ceases to be entitled �7� to �4a carer’s allowance�,

the condition for the award of the premium shall be treated as satisfied for a period ofeight weeks from the relevant date specified in sub-paragraph (3A) below.

(3A) The relevant date for the purposes of sub-paragraph (3) above shall be– (a) �7where sub-paragraph (3)(a) applies,� the Sunday following the death of

the person in respect of whose care �4a carer’s allowance� has been awardedor the date of death if the death occurred on a Sunday;

(b) �5�(c) in any other case, the date on which the person who has been entitled to �4a

carer’s allowance� ceases to be entitled to that allowance.�

�8(4) Where a person who has been entitled to �4a carer’s allowance� ceases to beentitled to that allowance and makes a claim for income support, the condition for theaward of the carer premium shall be treated as satisfied for a period of eight weeks fromthe date on which–

�6(a) the person in respect of whose care the �4carer’s allowance� has been awardeddies;

(b) �5��7(c) in any other case, the person who has been entitled to a carer’s allowance

ceased to be entitled to that allowance.��

��9Persons in receipt of concessionary payments14A. For the purpose of determining whether a premium is applicable to a

person �10under paragraphs 12 to 14ZA�, any concessionary payment made tocompensate that person for the non-payment of any benefit mentioned in thoseparagraphs shall be treated as if it were a payment of that benefit.�

��11Person in receipt of benefit14B. For the purposes of this Part of this Schedule, a person shall be regarded

as being in receipt of any benefit if, and only if, it is paid in respect of him andshall be so regarded only for any period in respect of which that benefit is paid.�

8Para. 14ZA(4)substituted by reg.4(2)(b) of S.I . 2000/681as from 3.4.00.

6In para. 14ZA, sub-para.(3) substituted with (3) &(3A) & sub-para. (4)(a)& (b) substituted with(4)(a)-(c) by reg. 2 ofS.I. 2002/2020 as from28 .10 .02 .7In para. 14ZA, wordsomitted in sub-para.(3)(b) & inserted in sub-para. (3A)(a) & sub-para.(4)(c) substituted by reg.2(3)(b), (c)(i) & (d)(ii)of S.I. 2003/2279 asfrom 1.10.03.

10Words substituted inpara. 14A by reg. 15(e)of S.I. 1991/1559 asfrom 5.8.91.

1Para. 14ZA inserted byreg. 8(d) of S.I. 1990/1776 as from 1.10.90.

3Words substituted inpara. 14ZA(1) by reg.4(2)(b) of S.I . 2000/681as from 3.4.00.

2Words inserted in para.14ZA by reg. 15(d)(i) ofS.I. 1991/1559 as from7.10 .91 .

5Para. 14ZA(2), (3A)(b)& (4)(b) omitted byreg. 2(3)(a), (c)(ii) &(d)(i) of S.I. 2003/2279as from 1.10.03.

4Words substituted &inserted in para.14ZA(1), (3)(a), (b),(3A)(a), (c), (4) &(4)(a) by Sch. 2 of S.I.2002/2497 as from1.4 .03

Sch. 2



Sch. 2

6.2937

1Part IV of Sch. 2substituted by Sch. 3 toS.I. 2009/497 as from6.4 .09 .


�1PART IV

WEEKLY AMOUNTS OF PREMIUMS SPECIFIED IN PART III

Premium Amount

15.—(2)(a) Pensioner premium for persons to whom (2) �2£148.40�.paragraph 9 applies.

(2A) Pensioner premium for persons to whom (2A) �2£148.40�.paragraph 9A applies.

(3) Higher Pensioner Premium for persons to whom (3) �2£148.40�.paragraph 10 applies.

(4)(b) Disability Premium– (4)(a) where the claimant satisfies the condition in (a) �2£34.95�;

paragraph 11(1)(a);(b) where the claimant satisfies the condition in (b) �2£49.80�.

paragraph 11(1)(b).(5) Severe Disability Premium– (5)

(a) where the claimant satisfies the condition in (a) �2£66.95�;paragraph 13(2)(a);

(b) where the claimant satisfies the condition in (b)paragraph 13(2)(b)–

(i) if there is someone in receipt of a (i) �2£66.95�;carer’s allowance(c) or if he or anypartner satisfies that condition only byvirtue of paragraph 13(3A);

(ii) if no-one is in receipt of such an allow- (ii) �2£133.90�.ance.

(6) �3�


(6) Disabled Child Premium. (6) �2£65.52� inrespect of eachchild or youngperson in respectof whom theconditionsspecified inparagraph 14 aresatisfied.

(7)(d) Carer Premium (7) �2£37.50� inrespect of eachperson whosatisfied theconditionspecified inparagraph14ZA.

3Para. 15(6) omitted bypara. 20(d) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

(a ) Sub-paragraphs (2), (2A) and (3) were substituted by S.I. 2002/3019.(b) Relevant amending instrument is S.I. 2007/719.(c) Relevant amending instrument is S.I. 2002/2497.(d) Sub-paragraph (7) was added by S.I. 1990/1776.

2Amounts in col. 2,substituted by art. 21(5)& Sch. 2 of S.I. 2020/234. See art. 1(3)(h) ofthis S.I. for the relevantcommencement date.



6.2938

3Sch. 3 substituted byreg. 2 of, and Sch. 1 toS.I. 1995/1613 as from2.10 .95 .


(8)(a) Enhanced disability premium (8)where the conditions in paragraph 13Aare satisfied.

(a) �1�


(a) �2£26.60� inrespectof each child oryoung person inrespect of whomthe conditionsspecified inparagraph 13A are

satisfied;(b) �2£17.10� in respect

of each person who isneither–(i) a child or young

person; nor(ii) a member of a

couple or apolygamousmarriage,

in respect of whomthe conditionsspecified inparagraph 13A aresatisfied;

(c) �2£24.50� where theclaimant is a memberof a couple or a poly-gamous marriage andthe conditionsspecified in paragraph13A are satisfied inrespect of a member ofthat couple or polyga-mous marriage.�

PART V

ROUNDING OF FRACTIONS

16. Where income support is awarded for a period which is not a complete benefitweek and the applicable amount in respect of that period results in an amount whichincludes a fraction of a penny that fraction shall be treated as a penny.

�3SCHEDULE 3 Regulation 17(1)(e) and18(1)(f)

HOUSING COSTS

Housing Costs1.—(1) Subject to the following provisions of this Schedule, the housing costs

applicable to a claimant are those costs–(a) which he or, where he is a member of a family, he or any member of that

family is, in accordance with paragraph 2, liable to meet in respect of the

Schs. 2-3

2Amounts in col. 2substituted by art. 21(5) &Sch. 2 of S.I. 2020/234.See art. 1(3)(h) of this S.I.for the relevantcommencement date.

Premium Amount

1Para. (8)(a) omitted bypara. 20(d) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

(a ) Sub-paragraph (8) was added by S.I. 2000/2629 and amended by S.I. 2003/455.



Sch. 3

3Words deleted in para.1(3)(b) by reg. 5(2)(b)of S.I. 1995/2927 asfrom 12.12.95.


dwelling occupied as the home which he or any other member of his familyis treated as occupying, and

(b) which qualify under paragraphs 15 to 17.

(2) In this Schedule–“housing costs” means those costs to which sub-paragraph (1) refers;

�1�“standard rate” means the rate for the time being �2determined in accordancewith� paragraph 12.

(3) For the purposes of this Schedule a disabled person is a person–(a) in respect of whom a disability premium, a disabled child premium, a pensioner

premium for persons aged 75 or over or a higher pensioner premium is includedin his applicable amount or the applicable amount of a person living withhim; or

(b) �3� who, had he in fact been entitled to income support, would have hadincluded in his applicable amount a disability premium, a disabled childpremium, a pensioner premium for persons aged 75 or over or a higherpensioner premium�4; or

(c) who is disabled or severely disabled for the purposes of section 9(6)(maximum rate) of the Tax Credits Act 2002 (a).�

�5(d) who–(i) is in receipt of an employment and support allowance which includes an

amount under section 2(2) �6� or 4(4) �6� of the Welfare Reform Act�6(component) or is a member of the work-related activity group� �6�;or

(ii) would be entitled to an employment and support allowance �6� but forthe application of section 1A of that Act (duration of contributoryallowance)��7; or

Paras. 1(3)(d)(i) & (ii) are reproduced below as they remain inforce forcertain cases. See Sch. 2, para. 1 of S.I. 2017/204 for details.

�5(d)who–

(i) is in receipt of an employment and supportallowance which includes an amount under section2(2) or (3) or 4(4) or (5) of the Welfare Reform Act(components); or

(ii) would be entitled to an employment and supportallowance including an amount of a work-relatedactivity components under section 2(3) of that Act(amount of contributory allowance: work-relatedactivity component), but for the application of section1A of that Act (duration of contributoryallowance)��7; or

(e) who is entitled to an award of universal credit the calculation of whichincludes an amount under regulation 27(1) of the Universal Credit Regulations2013 in respect of the fact that he has limited capability for work or limitedcapability for work and work-related activity, or would include such anamount but for regulation 27(4) or 29(4) of those Regulations.�

(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabledperson on account of his being disqualified for receiving benefit or treated as capableof work by virtue of the operation of section 171E of the Contributions and BenefitsAct(b) (incapacity for work, disqualification etc.) �8or disqualified for receivingemployment and support allowance or treated as not having limited capability forwork in accordance with regulations made under section 18 of the Welfare Reform Act(disqualification)�.

(a ) 2002 c. 21.(b) 1994 (c. 18).

1Defns. of “existinghousing costs” & “newhousing costs” omittedby reg. 2(2)(a) of S.I.2015/1647 as from1.4 .16 .2Words in defn. of“standard rate”substituted by reg. 2(2)of S.I. 2004/2825 asfrom 28.11.04.

4Word or and sub-para.(c) added to para. 1(3)by reg. 5(8)(a) of S.I.2006/2378 as from2.10 .06 .

8Words in sub-para. (4)added, heading & para.1A(1) & (1)(a) insertedby reg. 2(11)(a)(ii) &(b)(i)-(iii) of S.I. 2008/1554 as from 27.10.08.

5Para. 1(3)(d) of Sch. 3substituted by reg. 3(3)of S.I. 2012/913 as from1.5 .12 .

7Para. 1(3)(e) insertedby reg. 28(7) of S.I.2013/630 as from29.4 .13 .

6Words in para.1(3)(d)(i) & (ii) omitted& inserted by Sch. 1,para. 1(3)(a) of S.I.2017/204 as from3.4 .17 .

6.2939




�1�2Previous entitlement to income-based jobseeker’s allowance�3, income-relatedemployment and support allowance� or state pension credit�

1A.—(1) Where a claimant or his partner was in receipt of or was treated as being inreceipt of income-based jobseeker’s allowance �5or income-related employment andsupport allowance� not more than 12 weeks before one of them becomes entitled toincome support or, where the claimant or his partner is a person to whom paragraph14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitledand–

(a) the applicable amount for that allowance included an amount in respect ofhousing costs under �2paragraphs 14 to 16� of Schedule 2 to the Jobseeker’sAllowance Regulations 1996 �3or paragraphs 16 to 18 of Schedule 6 to theEmployment and Support Allowance Regulations�(a); and

(b) the circumstances affecting the calculation of those housing costs remainunchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be theapplicable amount in respect of those costs current when entitlement to income-basedjobseeker’s allowance �4or income-related employment and support allowance� waslast determined.

�5(1A) Where a claimant or his partner was in receipt of state pension credit notmore than 12 weeks before one of them becomes entitled to income support or, wherethe claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules)refers, not more than 26 weeks before becoming so entitled, and–

(a) the appropriate minimum guarantee included an amount in respect of housingcosts under paragraphs 11 to 13 of Schedule II to the State Pension CreditRegulations 2002; and

(b) the circumstances affecting the calculation of those housing costs remainunchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be theamount applicable in respect of those costs current when entitlement to state pensioncredit was last determined.�

(2) Where, in the period since housing costs were last calculated for income-basedjobseeker’s allowance �56or (as the case may be) state pension credit�, there has beena change of circumstances, other than a reduction in the amount of an outstandingloan, which increases or reduces those costs, the amount to be met under this Scheduleshall, for the purposes of the claim for income support, be recalculated so as to takeaccount of that change.�

Circumstances in which a person is liable to meet housing costs

2.—(1) A person is liable to meet housing costs where–(a) the liability falls upon him or his partner but not where the liability is to a

member of the same household as the person on whom the liability falls;(b) because the person liable to meet the housing costs is not meeting them, the

claimant has to meet those costs in order to continue to live in the dwellingoccupied as the home and it is reasonable in all the circumstances to treat theclaimant as liable to meet those costs;

(c) he in practice shares the housing costs with other members of the householdnone of whom are close relatives either of the claimant or his partner, and(i) one or more of those members is liable to meet those costs, and

(ii) it is reasonable in the circumstances to treat him as sharing responsibility.

(2) Where any one or more, but not all, members of the claimant’s family are affectedby a trade dispute, the housing costs shall be treated as wholly the responsibility ofthose members of the family not so affected.

5Words in para. (2)substituted and inserted,and sub-para. (1A)added by reg. 3(3)(a)(iii)-(iv) of S.I. 2007/3183 as from 17.12.07.


1Para. 1A inserted byreg. 2(2)(a) of S.I.1997/2305 as from22 .10 .97 .2Heading and words inpara. 1A(1)(a)substituted and inserted,by reg. 3(3)(a)(i)-(ii) ofS.I. 2007/3183 as from17 .12 .07 .

(a ) 1996/207.




6.2941

2Words substituted inpara. 3(6)(b) by reg.5(5) of S.I . 2000/1981as from 31.7.00.


Circumstances in which a person is to be treated as occupying a dwelling as hishome

3.—(1) Subject to the following provisions of this paragraph, a person shall betreated as occupying as his home the dwelling normally occupied as his home byhimself or, if he is a member of a family, by himself and his family and he shall not betreated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as theclaimant’s home for the purposes of sub-paragraph (1) regard shall be had to any otherdwelling occupied by the claimant or by him and his family whether or not that otherdwelling is in Great Britain.

(3) Subject to sub-paragraph (4), where a single claimant or a lone parent is a�1full-time student� or is on a training course and is liable to make payments(including payments of mortgage interest or, in Scotland, payments under heritablesecurities or, in either case, analogous payments) in respect of either (but not both) thedwelling which he occupies for the purpose of attending his course of study or histraining course or, as the case may be, the dwelling which he occupies when notattending his course, he shall be treated as occupying as his home the dwelling inrespect of which he is liable to make payments.

(4) A full-time student shall not be treated as occupying a dwelling as his home forany week of absence from it, other than an absence occasioned by the need to enterhospital for treatment, outside the period of study, if the main purpose of his occupationduring the period of study would be to facilitate attendance on his course.

(5) Where a claimant has been required to move into temporary accommodation byreason of essential repairs being carried out to the dwelling normally occupied as hishome and he is liable to make payments (including payments of mortgage interest or,in Scotland, payments under heritable securities or, in either case, analogous payments)in respect of either (but not both) the dwelling normally occupied or the temporaryaccommodation, he shall be treated as occupying as his home the dwelling inrespect of which he is liable to make those payments.

(6) Where a person is liable to make payments in respect of two (but not more thantwo) dwellings, he shall be treated as occupying both dwellings as his home only–

(a) where he has left and remains absent from the former dwelling occupied asthe home through fear of violence in that dwelling or by a former member ofhis family and it is reasonable that housing costs should be met in respect ofboth his former dwelling and his present dwelling occupied as the home; or

(b) in the case of a couple or a member of a polygamous marriage where a partneris a �2full-time student� or is on a training course and it is unavoidable thathe or they should occupy two separate dwellings and reasonable that housingcosts should be met in respect of both dwellings; or

(c) in the case where a person has moved into a new dwelling occupied as thehome, except where sub-paragraph (5) applies, for a period not exceedingfour benefit weeks �3from the first day of the benefit week in which the moveoccurs� if his liability to make payments in respect of two dwellings isunavoidable.

(7) Where–

(a) a person has moved into a dwelling and was liable to make payments inrespect of that dwelling before moving in; and

(b) he had claimed income support before moving in and either that claim hasnot yet been determined or it has been determined but an amount has notbeen included under this Schedule and if the claim has been refused a furtherclaim has been made within four weeks of the date on which the claimantmoved into the new dwelling occupied as the home; and

(c) the delay in moving into the dwelling in respect of which there was liabilityto make payments before moving in was reasonable and–

(i) that delay was necessary in order to adapt the dwelling to meet thedisablement needs of the claimant or any member of his family; or

1Words substituted inpara. 3(3) by reg. 5(5)of S.I. 2000/1981 asfrom 31.7.00.

3Words inserted in para.3(6)(c) by reg. 2 ofS.I. 2006/3274 as from8.1 .07 .




�1(ii) the move was delayed pending �2local welfare provision or� the outcomeof an application under Part 8 of the Contributions and Benefits Act for asocial fund payment to meet a need arising out of the move or in connectionwith setting up the home in the dwelling, and–

(aa) a member of the claimant’s family is aged five or under,

(bb) the claimant’s applicable amount includes a premium underparagraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicableamounts), or

(cc) a child tax credit is paid for a member of the claimant’s familywho is disabled or severely disabled for the purposes of section9(6) (maximum rate) of the Tax Credits Act 2002; or�

(iii) the person became liable to make payments in respect of the dwellingwhile he was a patient or was in residential accommodation,

he shall be treated as occupying the dwelling as his home for any period not exceedingfour weeks immediately prior to the date on which he moved into the dwelling and inrespect of which he was liable to make payments.

(8) This sub-paragraph applies to a person who enters residential accommodation–

(a) for the purpose of ascertaining whether the accommodation suits his needs;and

(b) with the intention of returning to the dwelling which he normally occupiesas his home should, in the event, the residential accommodation prove not tosuit his needs,

and while in the accommodation, the part of the dwelling which he normally occupiesas his home is not let, or as the case may be, sub-let to another person.

(9) A person to whom sub-paragraph (8) applies shall be treated as occupying thedwelling he normally occupies as his home during any period (commencing with theday he enters the accommodation) not exceeding 13 weeks in which the person isresident in the accommodation, but only in so far as the total absence from the dwellingdoes not exceed 52 weeks.

(10) A person, other than a person to whom sub-paragraph (11) applies, shall betreated as occupying a dwelling as his home throughout any period of absence notexceeding 13 weeks, if, and only if–

(a) he intends to return to occupy the dwelling as his home; and

(b) the part of the dwelling normally occupied by him has not been let or, as thecase may be, sub-let to another person; and

(c) the period of absence is unlikely to exceed 13 weeks.

(11) This sub-paragraph applies to a person whose absence from the dwelling henormally occupies as his home is temporary and–

(a) he intends to return to occupy the dwelling as his home; and

(b) while the part of the dwelling which is normally occupied by him hasnot been let or, as the case may be, sub-let; and

Sch. 31Para. 3(7)(c)(ii)substituted by reg.5(8)(b) of S.I. 2006/2378 as from 2.10.06.2Words inserted in para.3(7)(c)(ii) by reg. 2(4)of S.I. 2013/443 asfrom 4.3.13.



(c) he is–�1(i) detained in custody on remand pending trial or, as a condition of

bail, required to reside–

(aa) in a dwelling, other than the dwelling he occupies as his home; or

(bb) in premises approved under �2section 13 of the Offender ManagementAct 2007(a)�,

or, detained pending sentence upon conviction, or�(ii) resident in a hospital or similar institution as a patient, or

(iii) undergoing or, as the case may be, his partner or his dependentchild is undergoing, in the United Kingdom or elsewhere, medicaltreatment, or medically approved convalescence, in accommoda-tion other than residential accommodation, or

(iv) following, in the United Kingdom or elsewhere, a training course,or

(v) undertaking medically approved care of a person residing in the UnitedKingdom or elsewhere, or

(vi) undertaking the care of a child whose parent or guardian istemporarily absent from the dwelling normally occupied by thatparent or guardian for the purpose of receiving medicallyapproved care or medical treatment, or

(vii) a person who is, whether in the United Kingdom or elsewhere,receiving medically approved care provided in accommodationother than residential accommodation, or

(viii) a �3full-time student� to whom sub-paragraph (3) or (6)(b) does notapply, or

(ix) a person other than a person to whom sub-paragraph (8) applies,who is receiving care provided in residential accommodation; or

(x) a person to whom sub-paragraph (6)(a) does not apply and whohas left the dwelling he occupies as his home through fear ofviolence in that dwelling �4, or by a person� who was formerly amember of his family; and

(d) the period of his absence is unlikely to exceed a period of 52 weeks or, inexceptional circumstances, is unlikely substantially to exceed that period.

(12) A person to whom sub-paragraph (11) applies is to be treated asoccupying the dwelling he normally occupies as his home during any period ofabsence not exceeding 52 weeks beginning with the first day of that absence.

(13) In this paragraph–

(a) “medically approved” means certified by a medical practitioner;(b) “patient” means a person who is undergoing medical or other treatment

as an in-patient in a hospital or similar institution;

�5(ba) “period of study” has the meaning given in regulation 61(1) (interpretation);��6(c) “residential accommodation” means accommodation which is a care home,

an Abbeyfield Home or an independent hospital;�

(d) “training course” means such a course of training or instruction providedwholly or partly by or on behalf of or in pursuance of arrangements madewith, or approved by, or on behalf of, �7Skills Development Scotland,�Scottish Enterprise, Highlands and Islands Enterprise, a governmentdepartment of the Secretary of State.

4Words substituted inpara. 3(11)(c)(x) byreg. 5(3) of S.I. 1995/2927 as from 12.12.95.

3Words substituted inpara. 3(11)(c)(viii) byreg. 5(5) of S.I. 2000/1981 as from 31.7.00.


1Para. 3(11)(c)(i)substituted by reg. 5(a)of S.I. 2004/2327 asfrom 4.4.05.

Sch. 3

6Para. 3(13)(c)substituted by para.8(a) of Sch. 1 to S.I.2005/2687 as from24 .10 .05 .

2Words in para.3(11)(c)( i ) (bb)substituted by reg.2(11)(a) of S.I. 2008/2767 as from 17.11.08.

(a ) 2007 c. 21.

5Para. 3(13)(ba)inserted by reg.2(15)(a) of S.I. 2009/2655 as from 26.10.09.

7Words inserted in para.(13)(d) of Sch. 3 byreg. 2(3)(d) of S.I.2009/583 as from6.4 .09 .



6.2950

2Para. 4(4) substitutedby reg. 5(4)(a) of S.I.1995 /2927 as from12 .12 .95 .

(a ) Paragraph 5A of Schedule 3 was inserted by S.I. 1994/1004 and is revoked by regulation 3of and Schedule 4 to these Regulations.

4Para. 4(4A) inserted byreg. 16(2) of S.I. 1997/2863 as from 5.1.98.


5Words inserted in para.4(4A)(a) by reg. 14(a)of S.I. 2001/1029 asfrom 9.4.01.

Housing costs not met

4.—(1) No amount may be met under the provisions of this Schedule–(a) in respect of housing benefit expenditure; or(b) where the claimant is �1living in a care home, an Abbeyfield Home or an

independent hospital except where he is living in such a home or hospital�during temporary absence from the dwelling he occupies as his homeand in so far as they relate to temporary absences, the provisions ofparagraphs 3(8) to (12) apply to him during that absence.

(2) Subject to the following provisions of this paragraph, loans which, apartfrom this paragraph, qualify under paragraph 15 shall not so qualify where theloan was incurred during the relevant period and was incurred–

(a) after 1st October 1995, or(b) after 2nd May 1994 and the housing costs applicable to that loan were

not met by virtue of the former paragraph 5A of this Schedule(a) in anyone or more of the 26 weeks preceding 2nd October 1995, or

(c) subject to sub-paragraph (3), in the 26 weeks preceding 2nd October1995 by a person–(i) who was not at that time entitled to income support; and

(ii) who becomes, or whose partner becomes entitled to income supportafter 1st October 1995 so that entitlement is within 26 weeks of anearlier entit lement to income support for the claimant or hispartner.

(3) Sub-paragraph (2)(c) shall not apply in respect of a loan where the claimanthas interest payments on that loan met without restrictions under an award ofincome support in respect of a period commencing before 2nd October 1995.

�2(4) The “relevant period” for the purposes of this paragraph is any periodduring which the person to whom the loan was made–

(a) is entitled to income support �3or income-related employment and supportallowance�, or

(b) is living as a member of a family one of whom is entitled to incomesupport �3or income-related employment and support allowance�,

together with any linked period, that is to say a period falling between two suchperiods of entitlement to income support �3or income-related employment and supportallowance� separated by not more than 26 weeks.�

�4(4A) For the purposes of sub-paragraph (4), a person shall be treated as entitledto income support during any period when he is or his partner was not so entitledbecause–

(a) that person or his partner was participating in an employment programmespecified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations1996 �5, in the Intensive Activity Period specified in regulation 75(1)(a)(iv)of those Regulations �6��; and

(b) in consequence of such participation that person or his partner was engagedin remunerative work or had an income �7equal to or� in excess of theclaimant’s applicable amount as prescribed in Part IV.�

�8(4B) A person treated by virtue of paragraph 14 as being in receipt of incomesupport for the purposes of this Schedule is not to be treated as entitled to incomesupport for the purposes of sub-paragraph (4).�

(5) For the purposes of sub-paragraph (4)–(a) any week in the period of 26 weeks ending on 1st October 1995 on which

there arose an entitlement to income support such as is mentioned in thatsub-paragraph shall be taken into account in determining when the relevantperiod commences; and

Sch. 3

1Words in para. 4(1)(b)substituted by para. 8(b)of Sch. 1 to S.I. 2005/2687 as from 24.10.05.

6Words omitted in para.4(4A)(a) by reg. 2(8)(c)of S.I. 2008/698 asfrom 14.4.08.

3Words inserted in para.4(4) by reg. 2(11)(c) ofS.I. 2008/1554 as from27 .10 .08 .

7Words inserted in para.4(4A)(b) by reg. 3(6)(a)of S.I. 2011/674 andcomes into force on thefirst day of the firstbenefit week tocommence for thatclaimant on or after11 .4 .11 .8Para. 4(4B) inserted byreg. 3(3)(b) of S.I.2007/3183 as from17 .12 .07 .



Sch. 3

6.2951

1Words substituted inpara. 4(6)(a) by reg.6(10)(a)(i) of S.I. 1996/1944 as from 7.10.96.2Para. 4(6)(b)substituted by reg.6(10)(a)(ii) of S.I.1996/1944 as from7.10 .96 .


(b) two or more periods of entitlement and any intervening linked periodsshall together form a single relevant period.

(6) Where the loan to which sub-paragraph (2) refers has been applied–(a) for paying off an earlier loan, and that earlier loan qualified under

paragraph 15 �1during the relevant period�; or

�2(b) to finance the purchase of a property where an earlier loan, whichqualified under paragraph 15 or 16 during the relevant period in respectof another property, is paid off (in whole or in part) with monies receivedfrom the sale of that property;�

then the amount of the loan to which sub-paragraph (2) applies is the amount (ifany) by which the new loan exceeds the earlier loan.

(7) Notwithstanding the preceding provisions of this paragraph, housing costsshall be met in any case where a claimant satisfies any of the conditions specifiedin sub-paragraphs (8) to (11) below, but–

(a) those costs shall be subject to any additional limitations imposed by thesub-paragraph; and

(b) where the claimant satisfies the conditions in more than one of thesesub-paragraphs, only one sub-paragraph shall apply in his case and theone that applies shall be the one most favourable to him.

(8) The conditions specified in this sub-paragraph are that–

(a) during the relevant period the claimant or a member of his familyacquires an interest (“the relevant interest”) in a dwelling which he thenoccupies or continues to occupy, as his home; and

(b) in the week preceding the week in which the relevant interest wasacquired, housing benefit was payable to the claimant or a member ofhis family;

so however that the amount to be met by way of �3� housing costs shall initiallynot exceed the aggregate of–

(i) the housing benefit payable in the week mentioned at sub-paragraph(8)(b); and

(ii) any amount included in the applicable amount of the claimant or amember of his family in accordance with regulation 17(1)(e) or18(1)(f) in that week;

and shall be increased subsequently only to the extent that it is necessary to takeaccount of any increase, arising after the date of the acquisition, in the standardrate or in any housing costs which qualify under paragraph 17 (other housingcosts).

(9) The condition specified in this sub-paragraph is that the loan was takenout, or an existing loan increased, to acquire alternative accommodation moresuited to the special needs of a disabled person than the accommodation whichwas occupied before the acquisition by the claimant.


(a) the loan commitment increased in consequence of the disposal of thedwelling occupied as the home and the acquisition of an alternative suchdwelling; and

(b) the change of dwelling was made solely by reason of the need to provideseparate sleeping accommodation for �4persons� of different sexes aged 10or over �4but under the age of 20 who live with the claimant and for whomthe claimant or the claimant’s partner is responsible�.


(a) during the relevant period the claimant or a member of his familyacquires an interest (“the relevant interest”) in a dwelling which he thenoccupies as his home; and

3Words deleted in para.4(8) by reg. 5(4)(b) ofS.I. 1995/2927 as from12 .12 .95 .

4Words in para. 4(10)(b)substituted by reg.2(11)(b) of S.I. 2008/2767 as from 17.11.08.



6.2952

1Words substituted inpara. 4(11) by reg.5(4)(c) of S.I. 1995/2927 as from 12.12.95.

(a ) 1967 c. 9; ss. 48(5) and (6) were amended by the Local Government, Planning and Land Act1980 (c. 65), s. 33; s. 48(6) was also amended by the Rates Act 1984 (c. 33), s. 16 andSch. 1, para. 10.

(b) 1980. c. 45.


(b) in the week preceding the week in which the relevant interest wasacquired, the applicable amount of the claimant or a member of hisfamily included an amount determined by reference to paragraph 17 anddid not include any amount specified in paragraph 15 or paragraph 16;

so however that the amount be met �1by way of housing costs� shall initiallynot to exceed the amount so determined, and shall be increased subsequently only tothe extent that it is necessary to take account of any increase, arising after the dateof acquisition, in the standard rate or in any housing costs which qualify underparagraph 17 (other housing costs).

(12) The following provisions of this Schedule shall have effect subject to theprovisions of this paragraph.

Apportionment of housing costs

5.—(1) Where the dwelling occupied as the home is a composite hereditamentand–

(a) before 1st April 1990 for the purposes of section 48(5) of the GeneralRate Act 1967(a) (reduction of rates on dwellings), it appeared to arating authority or it was determined in pursuance of subsection (6) ofsection 48 of that Act that the hereditament, including the dwellingoccupied as the home, was a mixed hereditament and that only aproportion of the rateable value of the hereditament was attributable touse for the purpose of a private dwelling; or

(b) in Scotland, before 1st April 1989 an assessor acting pursuant to section45(1) of the Water (Scotland) Act 1980(b) (provision as to valuation roll) hasapportioned the net annual value of the premises including thedwelling occupied as the home between the part occupied as a dwellingand the remainder,

the amounts applicable under this Schedule shall be such proportion of theamounts applicable in respect of the hereditament or premises as a whole as isequal to the proportion of the rateable value of the hereditament attributable tothe part of the hereditament used for the purposes of a private tenancy or, inScotland, the proportion of the net annual value of the premises apportioned tothe part occupied as a dwelling house.

(2) Subject to sub-paragraph (1) and the following provisions of this paragraph,where the dwelling occupied as the home is a composite hereditament, the amountapplicable under this Schedule shall be the relevant fraction of the amount whichwould otherwise be applicable under this Schedule in respect of the dwellingoccupied as the home.

(3) For the purposes of sub-paragraph (2), the relevant fraction shall beobtained in accordance with the formula*–

AA + B

where–“A” is the current market value of the claimant’s interest in that part of thecomposite hereditament which is domestic property within the meaning ofsection 66 of the Act of 1988;“B” is the current market value of the claimant’s interest in that part of thecomposite hereditament which is not domestic property within that section.

*Formula in para. 5(3) above is maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260. See art.1(2)(j) of this S.I. for when to apply.

Sch. 3



Sch. 3

6.2953

(a ) 1987 c. 47.(b) 1988 c. 41.

1Paras. 6 & 7 omitted byreg. 2(2)(b) & (c) ofS.I. 2015/1647 as from1.4 .16 .


(4) In this paragraph–“composite hereditament” means–

(a) as respects England and Wales, any hereditament which is shown as acomposite hereditament in a local non-domestic rating list;

(b) as respects Scotland, any lands and heritages entered in the valuationroll which are part residential subjects within the meaning of section26(1) of the Act of 1987;

“local non-domestic rating list” means a list compiled and maintainedunder section 41(1) of the Act of 1988;“the Act of 1987” means the Abolition of Domestic Rates Etc. (Scotland)Act 1987(a);“the Act of 1988” means the Local Government Finance Act 1988(b).

(5) Where responsibility for expenditure which relates to housing costs metunder this Schedule is shared, the amounts applicable shall be calculated byreference to the appropriate proportion of that expenditure for which theclaimant is responsible.

Existing housing costs

6.-7. �1�

�2Housing costs�

8.—(1) Subject to the provisions of this Schedule, the �2� housing costs to be metin any particular case are–

(a) where the claimant has been �3entitled to� income support for a continuousperiod of 39 weeks or more, an amount–(i) determined in the manner set out in paragraph 10 by applying the standard

rate to the eligible capital for the time being owing in connection with aloan which qualifies under paragraph 15 or 16; and

(ii) equal to any payments which qualify under paragraph 17(1)(a) to (c);

(b) in any other case, nil*.

*Nil amount in para. 8(1)(b) maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260. See art.1(2)(j) of this S.I. for when to apply.

�4(1A) For the purposes of sub-paragraph (1), �5and subject to sub-paragraph (1B)�the eligible capital for the time being owing shall be determined on the date the �2�housing costs are first met and thereafter on each anniversary of that date.�

�5(1B) Where a claimant or his partner ceases to be in receipt of or treated as beingin receipt of income-based jobseeker’s allowance�6, state pension credit or income-related employment and support allowance� and one of them becomes entitled toincome support in a case to which paragraph 1A applies, the eligible capital for thetime being owing shall be recalculated on each anniversary of the date on which thehousing costs were first met for whichever of the benefits concerned the claimant orhis partner was first entitled;�

(2)–(5) �7�

2Words in heading topara. 8 inserted & wordsin sub paras. (1) & (1A)omitted by reg.2(2)(d)(i) & (iii) of S.I.2015/1647 as from1.4 .16 .3Words substituted inpara. 8(1)(a) by reg.5(7)(a) of S.I. 1995/2927 as from 12.12.95.

4Para. 8(1A) inserted byreg. 5(7)(b) of S.I.1995/2927 as from12 .12 .95 .5Words inserted in para.8(1A) and sub-para.8(1B) inserted by reg.2(2) of S.I . 1997/2305as from 22.10.97.6Words substituted inpara. 8(1B) by reg.2(11)(e) of S.I. 2008/1554 as from 27.10.08.7Para. 8(2)-(5) omittedby reg. 2(2)(d)(ii) ofS.I. 2015/1647 as from1.4 .16 .




General exclusions from �1paragraph 8�

9.—(1) �1Paragraph 8� shall not apply where–

�2(a) the claimant’s partner has attained the qualifying age for state pension credit;�

(b) the housing costs are payments–(i) under a co-ownership agreement;

(ii) under or relating to a tenancy or licence of a Crown tenant; or

(iii) where the dwelling occupied as the home is a tent, in respect of the tentand the site on which it stands.

(2) In a case falling within sub-paragraph (1), the housing costs to be met are–

(a) where head (a) of sub-paragraph (1) applies, an amount–

(i) determined in the manner set out in paragraph 10 by applying the standardrate to the eligible capital for the time being owing in connection with aloan which qualifies under paragraphs 15 or 16; and

(ii) equal to the payments which qualify under paragraph 17;(b) where head (b) of sub-paragraph (1) applies, an amount equal to the

payments which qualify under paragraph 17(1)(d) to (f).

�3The calculation for loans

10. The weekly amount of �1housing costs� to be met under this Schedule inrespect of a loan which qualifies under paragraph 15 or 16 shall be calculated byapplying the formula*–

A x B

52

where–A = the amount of the loan which qualifies under paragraph 15 or 16;B = the standard rate for the time being �4applicable in respect of that loan�;�

*Formula in para. 10 above is maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260. See art.1(3)(h) of this S.I. for when to apply.

General provisions applying to �5� housing costs

11.—(1) �6�

(2)-(3) �5�.

(4) Where for the time being a loan exceeds, or in a case where more than one loanis to be taken into account, the aggregate of those loans exceeds the appropriateamount specified in sub-paragraph (5), then the amount of the loan or, as the case maybe, the aggregate amount of those loans, shall for the purposes of this Schedule, be theappropriate amount.

(5) Subject to the following provisions of this paragraph, the appropriateamount is £100,000*.*Sum £100,000 in para. 11(5) maintained in force (6.4.20) by art. 21(6) of S.I. 2020/234. See art.

1(3)(h) of this S.I. for when to apply.

(6) Where a person is treated under paragraph 3(6) (payments in respect of twodwellings) as occupying two dwellings as his home, then the restrictions imposed bysub-paragraph (4) shall be applied separately to the loans for each dwelling.

(7) In a case to which paragraph 5 (apportionment of housing costs) applies, theappropriate amount for the purposes of sub-paragraph (4) shall be the lower of–

(a) a sum determined by applying the formula*–

P × Q,*

where–P = the relevant fraction for the purposes of paragraph 5, and

3Para. 10 substituted byreg. 2(1) of S.I. 2001/3651 as from 10.12.01.

2Head (a) in para. 9(1)substituted by reg.29(6)(c) of S.I. 2002/3019 as from 6.10.03.

1Words in heading topara. 9, sub-para. (1) &para. 10 substituted byreg. 2(2)(e) & (f) of S.I.2015/1647 as from1.4 .16 .

4Words in para. 10 ofSch. 3 substituted byreg. 2(3)(a) of S.I.2004/2825 as from28 .11 .04 .

6Para. 11(1) deleted byreg. 5(8)(a) of S.I.1995/2927 as from12 .12 .95 .

5Words in heading topara. 11 & sub-paras.(2) & (3) omitted byreg. 2(2)(g)(i) & (ii) ofS.I. 2015/1647 as from1.4 .16 .



Q = the amount or, as the case may be, the aggregate amount for the timebeing of any loan or loans which qualify under this Schedule; or

(b) the sum for the time being specified in sub-paragraph (5).*Formula “P × Q” in para. 11(7)(a) maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260. Seeart. 1(2)(j) of this S.I. for when to apply.

(8) In a case to which paragraph 15(3) or 16(3) (loans which qualify in part only)applies, the appropriate amount for the purposes of sub-paragraph (4) shall be thelower of–

(a) a sum representing for the time being the part of the loan applied for thepurposes specified in paragraph 15(1) or (as the case may be) paragraph16(1); or

(b) the sum for the time being specified in sub-paragraph (5).

(9) In the case of any loan to which paragraph 16(2)(k) (loans taken out and usedfor the purpose of adapting a dwelling for the special needs of a disabled person)applies the whole of the loan, to the extent that it remains unpaid, shall be disregardedin determining whether the amount for the time being specified in sub-paragraph (5) isexceeded.

�1(10) Where in any case the amount for the time being specified for the purposesof sub-paragraph (5) is exceeded and there are two or more loans to be taken intoaccount under either or both paragraphs 15 and 16, then the amount of eligible interestin respect of each of those loans to the extent that the loans remain outstanding shallbe determined as if each loan had been reduced to a sum equal to the qualifyingportion of that loan.

(11) For the purposes of sub-paragraph (10), the qualifying portion of a loan shallbe determined by applying the following formula*–

RS

T× *

where–R= the amount for the time being specified for the purposes of sub-paragraph (4);S = the amount of the outstanding loan to be taken into account;T = the aggregate of all outstanding loans to be taken into account under paragraphs15 and 16.�

*Formula in para. 11(11) above is maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260. Seeart. 1(2)(j) of this S.I. for when to apply.

The standard rate

12.—�2(1)The standard rate is the rate of interest applicable per annum to a loanwhich qualifies under this Schedule.

�3(2) Subject to the following provisions of this paragraph, the standard rate is tobe the average mortgage rate published by the Bank of England in August 2010.

(2A) The standard rate is to be varied each time that sub-paragraph (2B) applies.

(2B) This sub-paragraph applies when, on any reference day, the Bank of Englandpublishes an average mortgage rate which differs by �40.5 percentage points� or morefrom the standard rate that applies on that reference day (whether by virtue of sub-paragraph (2) or of a previous application of this sub-paragraph).

(2C) The average mortgage rate published on that reference day then becomes thenew standard rate in accordance with sub-paragraph (2D).

(2D) Any variation in the standard rate by virtue of sub-paragraphs (2A) to (2C)comes into effect–

(a) for the purposes of sub-paragraph (2B) (in consequence of its first and anysubsequent application), on the day after the reference day referred to insub-paragraph (2C);


Sch. 3

1Para. 11(10) and (11)inserted by reg. 5(8)(c)of S.I. 1995/2927 asfrom 12.12.95.

2Para. 12 substituted byreg. 2(4)(a) of S.I.2004/2825 .3Para. 12(2) of Sch. 3substituted by reg. 2(2)of S.I. 2010/1811 asfrom 20.7.10.

4Words in para. 12(2B)substituted by reg. 2(6)of S.I. 2014/591 asfrom 28.4.14.



Sch. 3


(b) for the purpose of calculating the weekly amount of housing costs to be metunder this Schedule, on the day specified by the Secretary of State(a).

(2E) In this paragraph–“average mortgage rate” means the effective interest rate (non-seasonally adjusted)of United Kingdom resident banks and building societies for loans to householdssecured on dwellings published by the Bank of England in respect of the mostrecent period for that rate specified at the time of publication(b);“reference day” means any day falling after 1st October 2010.��

(3) The Secretary of State shall determine the date from which the standard ratecalculated in accordance with sub-paragraph (2) takes effect(c).

Sch. 3, para. 12(2) maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260.

(4)-(6) �1�

(a ) The new standard rate, and the day specified by the Secretary of State as the day on which itcomes into effect for the purpose of calculating the weekly amount of housing costs, will bemade available at: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCreditsAndOtherSupport/On_a_low_income/DG_180321 at least seven day before thevariation comes into effect.

(b) This is available on the Bank of England website: http://www.bankofengland.co.uk/statistics/bankstats/current/index.htm. The effective rate appears in Table G1.4 in the column headed“HSDE”.

(c) The date determined by the Secretary of State and the amount of the standard rate areavailable from the Department for Work and Pensions at the following address: DWP,Housing Support Division, 5th Floor, Adelphi, 1-11 John Adam Street, London WC2N 6HT.The date determined and the standard rate are published on the DWP website(www.dwp.gov.uk) at least seven days before the new standard rate becomes applicable.

1Para. 12(4)-(6) omittedby reg. 3(3)(c)(i) & (ii)of S.I. 2007/3183 asfrom 17.12.07.




Excessive Housing Costs

13.—(1) Housing costs which, apart from this paragraph, fall to be met underthis Schedule shall be met only to the extent specified in sub-paragraph (3) where–

(a) the dwelling occupied as the home, excluding any part which is let, islarger than is required by the claimant and his family and any child oryoung person to whom regulation 16(4) applies (foster children) and anyother non-dependants having regard, in particular, to suitable alternativeaccommodation occupied by a household of the same size; or

(b) the immediate area in which the dwelling occupied as the home islocated is more expensive than other areas in which suitable alternativeaccommodation exists; or

(c) the outgoings of the dwelling occupied as the home which are met underparagraphs 15 to 17 are higher than the outgoings of suitable alternativeaccommodation in the area.

(2) For the purposes of heads (a) to (c) of sub-paragraph (1), no regard shall behad to the capital value of the dwelling occupied as the home.

(3) Subject to the following provisions of this paragraph, the amount of the loanwhich falls to be met shall be restricted and the excess over the amounts which theclaimant would need to obtain suitable alternative accommodation shall notbe allowed.

(4) Where, having regard to the relevant factors, it is not reasonable to expectthe claimant and his family to seek alternative cheaper accommodation, norestriction shall be made under sub-paragraph (3).

(5) In sub-paragraph (4) “the relevant factors” are–

(a) the availability of suitable accommodation and the level of housingcosts in the area; and

(b) the circumstances of the family including in particular the age and stateof health of its members, the employment prospects of the claimantand, where a change in accommodation is likely to result in a change ofschool, the effect on the education of any child or young person who is amember of his family, or any child or young person who is not treated aspart of his family by virtue of regulation 16(4) (foster children).

�1(6) Where sub-paragraph (4) does not apply and the claimant (or othermember of the family) was able to meet the financial commitments for thedwelling occupied as the home when these were entered into, no restriction shallbe made under this paragraph during the 26 weeks immediately following the date onwhich–

1Para. 13(6) substitutedby para. 9(a)(i) of Sch.5 to S.I. 1999/3178 asfrom 29.11.99.






6.2965

(a ) Sub-paragraph 5A was inserted by S.I. 1995/2927, regulation 5(10)(c).


1Words omitted in para.13(8)(b) by para.9(a)(ii) of Sch. 5 to S.I.1999/3178 as from29 .11 .99 .

(a) the claimant became entitled to income support where the claimant’s housingcosts fell within one of the cases in sub-paragraph (1) on that date; or

(b) a decision took effect which was made under section 10 (decisions supersedingearlier decisions) of the Social Security Act 1998 on the grounds that theclaimant’s housing cost fell within one of the cases in sub-paragraph (1),

nor during the next 26 weeks if and so long as the claimant uses his best endeavours toobtain cheaper accommodation.�

(7) For the purposes of calculating any period of 26 weeks referred to in sub-paragraph (6), and for those purposes only, a person shall be treated as entitled toincome support for any period of 12 weeks or less in respect of which he was not inreceipt of income support and which fell immediately between periods in respect ofwhich he was in receipt thereof.

(8) Any period in respect of which–(a) income support was paid to a person, and

(b) it was subsequently determined �1� that he was not entitled to income supportfor that period,

shall be treated for the purposes of sub-paragraph (7) as a period in respect of which hewas not in receipt of income support.

(9) Heads (c) to (f) of sub-paragraph (1) of paragraph 14 shall apply to sub-paragraph(7) as they apply to �2paragraph 8� but with the modification that the words “Subjectto sub-paragraph (2)” were omitted and references to “the claimant” were reference tothe person mentioned in sub-paragraph (7).

Linking rule

14.—(1) �3� for the purposes of this Schedule–(a) a person shall be treated as being in receipt of income support during the

following periods–(i) any period in respect of which it was subsequently �4determined�, that

he was entitled to income support; and(ii) any period of 12 weeks or less �5or, as the case may be, 52 weeks or less,�

in respect of which he was not in receipt of income support and whichfell immediately between periods in respect of which–

�6(aa) he was, or was treated as being, in receipt of income support,(bb) he was treated as entitled to income support for the purpose of sub-

paragraph (5) or (5A)(a), or(cc) (i) above applies;�

(b) a person shall be treated as not being in receipt of income support during anyperiod other than a period to which (a)(ii) above applies in respect of whichit is subsequently �4determined� that he was not so entitled;

(c) where–(i) the claimant was a member of a couple or a polygamous marriage; and

(ii) his partner was, in respect of a past period, in receipt of income supportfor himself and the claimant; and

(iii) the claimant is no longer a member of that couple or polygamousmarriage; and

(iv) the claimant made his claim for income support within twelve weeks�5or, as the case may be, 52 weeks,� of ceasing to be a member of thatcouple or polygamous marriage,

he shall be treated as having been in receipt of income support for the sameperiod as his former partner and had been or had been treated, for the purposesof this Schedule, as having been;

(d) where the claimant’s partner’s applicable amount was determined inaccordance with paragraph 1(1) (single claimant) or paragraph 1(2) (loneparent) of Schedule 2 (applicable amounts) in respect of a past period,provided that the claim was made within twelve weeks �5or, as the case maybe, 52 weeks,� of the claimant and his partner becoming one of a couple orpolygamous marriage, the claimant shall be treated as having been in receiptof income support for the same period as his partner had been or had beentreated, for the purposes of this Schedule, as having been;

4Words substituted inpara. 14(1)(a)(i) and (b)by para. 9(b) of Sch. 5to S.I. 1999/3178 asfrom 29.11.99.

6Sub-paras. (aa)–(cc)substituted for words inpara. 14(1)(a)(ii) byreg. 6(10)(b) of S.I.1996/1944 as from7.10 .96 .

5Words inserted in paras.14(1)(a) and (c) by reg.6(a) of S.I. 2001/488 asfrom 9.4.01.

3Words omitted in Reg.14(1) by reg. 3(6)(b) ofS.I . 2011/674 andcomes into force on thefirst day of the firstbenefit week tocommence for thatclaimant on or after11 .4 .11 .

2Words in para. 13(9)substituted by reg.2(2)(h) of S.I. 2015/1647 as from 1.4.16.



6.2966 (–6.2972)

(a ) 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25(1) andrepealed in part by the Employment Act 1989 (c. 38), section 29(4), Schedule 7, Part I.

(b) 1990 c. 35.

1Sub-para. (ee) insertedin para. 14(1) and para.14(3ZA) inserted byregs. 16(3)(a) & (b) ofS.I. 1997/2863 as from5.1 .98 .


4Words inserted in para.14(1)(f)(iii) by reg. 6(a)of S.I. 2001/488 as from9.4 .01 .

2Words inserted in paras.14(1)(ee)(i) & (3ZA) byreg. 14(b) of S.I. 2001/1029 as from 9.4.01.

(e) where the claimant is a member of a couple or a polygamous marriage andhis partner was, in respect of a past period, in receipt of income support forhimself and the claimant, and the claimant has begun to receive incomesupport as a result of an election by the members of the couple or polygamousmarriage, he shall be treated as having been in receipt of income support forthe same period as his partner had been or had been treated, for the purposesof this Schedule, as having been;

�1(ee) where the claimant–(i) is a member of a couple or a polygamous marriage and the claimant’s

partner was, immediately before the participation by any member of thatcouple or polygamous marriage in an employment programme specifiedin regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996�2, in the Intensive Activity Period specified in regulation 75(1)(a)(iv)of those Regulations �3�� in receipt of income support and his applicableamount included an amount for the couple or the partners of thepolygamous marriage; and

(ii) has, immediately after that participation in that programme, begun toreceive income as a result of an election under regulation 4(3) of theSocial Security (Claims and Payments) Regulations 1987 by the membersof the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of income support forthe same period as his partner had been or had been treated, for the purposesof this Schedule, as having been;�

(f) where–(i) the claimant was a member of a family of a person (not being a former

partner) entitled to income support and at least one other member of thatfamily was a child or young person; and

(ii) the claimant becomes a member of another family which includes thatchild or young person; and

(iii) the claimant made his claim for income support within 12 weeks �4or, asthe case may be, 52 weeks,� of the date on which the person entitled toincome support mentioned in (i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of income support for thesame period as that person had been or had been treated, for the purposes ofthis Schedule, as having been.

(2) �5�

(3) For the purposes of this Schedule, where a claimant has ceased to be entitled toincome support because he or his partner is participating in arrangements for trainingmade under section 2 of the Employment and Training Act 1973(a) or attending acourse at an employment rehabilitation centre established under that section, �6orunder the Enterprise and New towns (Scotland) Act 1990(b)� he shall be treated as ifhe had been in receipt of income support for the period during which he or his partnerwas participating in such arrangements or attending such a course.

�1(3ZA) For the purposes of this Schedule, a claimant who has ceased to be entitledto income support because–

(a) that claimant or his partner was participating in an employment programmespecified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations1996 �2, in the Intensive Activity Period specified in regulation 75(1)(a)(iv)of those Regulations �3�� 7or in an employment zone scheme� �2oractivity�; and

(b) in consequence of such participation the claimant or his partner was engagedin remunerative work or had income in excess of the claimant’s applicableamount as prescribed in Part IV,

shall be treated as if he had been in receipt of income support for the period duringwhich he or his partner was participating in that programme.�

3Words omitted in paras.14(1)(ee)(i) & (3ZA)(a)by reg. 2(8)(c) of S.I.2008/698 as from14.4 .08 .

6Words inserted in para.14(3) by reg. 2(11)(c)of S.I. 2008/2767 asfrom 17.11.08.

5Para. 14(2) omitted byreg. 3(6)(c) of S.I.2011/674 and comesinto force on the firstday of the first benefitweek to commence forthat claimant on or after11 .4 .11 .

7Words inserted in para.14(3ZA) by reg. 4(3)(c)of S.I. 2000/724 asfrom 3.4.00.



6.2973

10Word substituted inpara. 14(5) and para.14(5A) and (5B)inserted by reg. 5(10) ofS.I. 1995/2927 as from12 .12 .95 .

3Words substituted inpara. 14(3A) and sub-para. (3B) inserted byreg. 16(3) of S.I. 1997/2863 as from 5.1.98.

(a ) S.I. 1975/556; regulation 9 is amended by S.I. 1976/1736, 1977/788, 1978/409, 1981/15011982/96, 1983/197, 1987/414, 687, 1988/516, 1545, 1989/1627, 1992/726, 1994/1837.

13Words substituted inpara. 14(5)(b) by reg. 3of S.I. 1999/714 asfrom 6.4.99.

2Words inserted in para.14(3A) & para. (3AA)inserted by reg. 2 of S.I.1999/1921 as from2.8 .99 .


11Words inserted in para.14(5)(a) and substitutedin para. 14(5A) by reg.24(3)(b) of S.I. 1996/206 as from 7.10.96.

�1(3A) Where, for the purposes of sub-paragraphs �2(1),(3) and (3ZA)�, a person istreated as being in receipt of income support, for a certain period, he shall �3subject tosub-paragraph (3AA)� be treated as being entitled to income support for the sameperiod.�

�2(3AA) Where the appropriate amount of a loan exceeds the amount specified inparagraph 11(5), sub-paragraph (3A) shall not apply except–

(a) for the purposes of paragraph �4� 8(1); or(b) where a person has ceased to be in receipt of income support for a period of

�5104 weeks� or less because he or his partner is a welfare to workbeneficiary.�

�3(3B) For the purposes of this Schedule, in determining whether a person is entitledto or to be treated as entitled to income support, entitlement to a contribution-basedjobseeker’s allowance immediately before a period during which that person or hispartner is participating in an employment programme specified in regulation 75(1)(a)(ii)of the Jobseeker’s Allowance Regulations 1996�6, in the Intensive Activity Periodspecified in regulation 75(1)(a)(iv) of those Regulations �7�� shall be treated asentitlement to income support for the purposes of any requirement that a person is, orhas been, entitled to income support for any period of time. �

(4) For the purposes of this Schedule, sub-paragraph (5) applies where a person isnot entitled to income support by reason only that he has–

(a) capital exceeding �8£16,000�; or(b) income �9equal to or� exceeding the applicable amount which applies in

his case, or

(c) both capital exceeding �8£16,000� and income exceeding the applicableamount which applies in his case.

(5) A person to whom sub-paragraph (4) applies shall be treated as entitled to incomesupport throughout any period of not �10more� than 39 weeks which comprises onlydays–

(a) on which he is entitled to unemployment benefit, �11a contribution-basedjobseeker’s allowance,� statutory sick pay�12, incapacity benefit orcontributory employment and support allowance;� or

(b) on which he is, although not entitled to any of the benefits mentioned inhead (a) above, entitled to be credited with earnings equal to the lower earningslimit for the time being in force in accordance with �13regulation 8A or 8B�of the Social Security (Credits) Regulations 1975(a); or

(c) in respect of which the claimant is treated as being in receipt of incomesupport.

�10(5A) Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) appliesand who is either a person to whom �11paragraph 4 or 5 of Schedule 1B (persons caringfor another person) applies� or a lone parent shall, for the purposes of this Schedule,be treated as entitled to income support throughout any period of not more than 39weeks following the refusal of a claim for income support made by or on behalf of thatperson.

(5B) Sub-paragraph (5A) shall not apply in relation to a person mentioned in thatsub-paragraph who, during the period referred to in that sub-paragraph–

(a) is engaged in, or is treated as engaged in, remunerative work or whose partneris engaged in, or is treated as engaged in, remunerative work;

5Words substituted inpara. 14(3AA)(b) byreg. 5(7)(b) of S.I.2006/2378 as from1.10 .06 .

8Amount substituted inparas. 14(4)(a) & (c) byreg. 2(7) of S.I. 2005/2465 see reg. 1(6) forrelevant effective date.

7Words omitted in para.14(3B) by reg. 2(13) ofS.I. 2008/698 as from14.4 .08 .

12Words substituted inpara. 14(5)(a) by reg.2(11)(f)(i) of S.I. 2008/1554 as from 27.10.08.

1Para. 14(3A) insertedby reg. 5(10)(a) of S.I.1995/2927 as from12 .12 .95 .

6Words inserted inparas. 14(3ZA) and(3B) by reg. 14(b) ofS.I. 2001/1029 as from9.4 .01 .

9Words inserted in para.14(4)(b) by reg. 3(6)(a)of S.I. 2011/674 andcomes into force on thefirst day of the firstbenefit week tocommence for thatclaimant on or after11 .4 .11 .

4Words in para.14(3AA)(a) omitted byreg. 2(2)(1)(i) of S.I.2015/1647 as from1.4 .16 .



6.2974

5Para. 14(10) insertedby reg. 13(4)(b) of S.I.1998/2231 as from5.10 .98 .

3Words substituted inpara. 14(6) and para.14(7) deleted by reg.5(10) of S.I. 1995/2927as from 12.12.95.


1Para. 14(5B)(b)substituted by reg.24(3)(c) of S.I. 1996/206 as from 7.10.96.2Words substituted inpara. 14(5B)(b) by reg.5(5) of S.I . 2000/1981as from 31.7.00.

6Ref. inserted in para.14(10) and paras.14(11) to (13) insertedby reg. 6 of S.I. 2001/488 as from 9.4.01.

�1(b) is a �2full-time student�, other than one who would qualify for incomesupport under regulation 4ZA(3) (prescribed categories of person);�

(c) is temporarily absent from Great Britain, other than in the circumstancesspecified in regulation 4(2) and (3)(a) ( temporary absence fromGreat Britain.)�

(6) In a case where–(a) �3sub-paragraphs (5) and (5A) apply� solely by virtue of sub-paragraph

(4)(b); and(b) the claimant’s income includes payments under a policy taken out to

insure against the risk that the policy holder is unable to meet any loanor payment which qualifies under paragraphs 15 to 17.

�3sub-paragraphs (5) and (5A)� shall have effect as if for the words “throughoutany period of not �3more� than 39 weeks” there shall be substituted the words“throughout any period that payments are made in accordance with the terms ofthe policy”.

(7) �3�

(8) This sub-paragraph applies–(a) to a person who claims income support, or in respect of whom income

support is claimed, and who–(i) received payments under a policy of insurance taken out to insure

against loss of employment, and those payments are exhausted; and(ii) had a previous award of income support where the applicable

amount included an amount by way of housing costs; and(b) where the period in respect of which the previous award of income

support was payable ended not more than 26 weeks before the date theclaim was made.

(9) Where sub-paragraph (8) applies, in determining–(a) �4�

(b) for the purposes of paragraph 8(1) whether a claimant has been�3entitled to� income support for a continuous period of 39 weeks ormore.

and week falling between the date of the termination of the previous award andthe date of the new claim shall be ignored.

�5(10) In the case of a person who is a welfare to work beneficiary, the references insub-paragraphs (1)(a)(ii), �6(1)(c)(iv),� (1)(d) and (1)(f)(iii) to a period of 12 weeksshall be treated as references to a period of �7104 weeks�.�

�6(11) For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii),the relevant period shall be–

(a) 52 weeks in the case of a person to whom sub-paragraph (12) applies;(b) subject to sub-paragraph (10), 12 weeks in any other case.

(12) This sub-paragraph applies, subject to sub-paragraph (13), in the case of aperson who, on or after 9th April 2001, has ceased to be entitled to income supportbecause he or his partner–

(a) has commenced employment as an employed earner or as a self-employedearner or has increased the hours in which he is engaged in such employment;

(b) is taking active steps to establish himself in employment as an employedearner or as a self-employed earner under any scheme for assisting persons tobecome so employed which is mentioned in regulation 19(1)(r)(i) to (iii) ofthe Jobseeker’s Allowance Regulations 1996; or

7Words in para. 14(10)substituted by reg.5(7)(b) of S.I. 2006/2378 as from 1.10.06.

(a ) Relevant amending instruments are S.I. 1988/663, 1990/547 & 1995/482.

4Para. 14(9)(a) omittedby reg. 2(2)(i)(ii) ofS.I. 2015/1647 as from1.4 .16 .




1Sub-para. (iv) insertedin para. 14(12)(c) byreg. 14(b) of S.I. 2001/1029 as from 9.4.01.

(c) is participating in–(i) a New Deal option;

(ii) an employment zone programme; or(iii) the self-employment route, �1or(iv) the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the

Jobseeker’s Allowance Regulations 1996 �2��

and, as a consequence, he or his partner was engaged in remunerative work or hadincome �3equal to or� in excess of the applicable amount as prescribed in Part IV.

(13) Sub-paragraph (12) shall only apply to the extent that immediately beforethat day on which the person ceased to be entitled to income support, his housingcosts were being met in accordance with paragraph �4� 8(1)(a) or would have been somet but for any non-dependant deduction under paragraph 18.�

�5(14) For the purpose of determining whether the linking rules set out in thisparagraph apply in a case where a claimant’s former partner was entitled to statepension credit, any reference to income support in this Schedule shall be taken toinclude also a reference to state pension credit.�

�6(15) For the purpose of determining whether the linking rules set out in thisparagraph apply in a case where �7a claimant, a claimant’s partner or� a claimant’sformer partner was entitled to income-related employment and support allowance,any reference to income support in this Schedule shall be taken to include also areference to income-related employment and support allowance.�

Loans on residential property*15.—(1) A loan qualifies under this paragraph where the loan was taken out

to defray monies applied for any of the following purposes–(a) acquiring an interest in the dwelling occupied as the home; or(b) paying off another loan to the extent that the other loan would have

qualified under head (a) above had the loan not been paid off.(2) For the purposes of this paragraph, references to a loan include also a

reference to money borrowed under a hire purchase agreement for any purposespecified in heads (a) and (b) of sub-paragraph (1) above.

(3) Where a loan is applied only in part for the purposes specified in heads (a)and (b) of sub-paragraph (1), only that portion of the loan which is applied forthat purpose shall qualify under this paragraph.

Loans for repairs and improvements to the dwelling occupied as the home

*16.—(1) A loan qualifies under this paragraph where the loan was taken out,with or without security, for the purpose of–

(a) carrying out repairs and improvements to the dwelling occupied as thehome;

(b) paying any service charge imposed to meet the cost of repairs andimprovements to the dwelling occupied as the home;

(c) paying off another loan to the extent that the other loan would havequalified under head (a) or (b) of this sub-paragraph had the loan notbeen paid off,

and the loan was used for that purpose, or is used for that purpose within 6months of the date of receipt or such further period as may be reasonable in theparticular circumstances of the case.

(2) In sub-paragraph (1) “repairs and improvements” means any of thefollowing measures undertaken with a view to maintaining the fitness of thedwelling for human habitation or, where the dwelling forms part of a building,any part of the building containing that dwelling–

(a) provision of a fixed bath, shower, wash basin, sink or lavatory, andnecessary associated plumbing, including the provision of hot water notconnected to a central heating system;

(b) repairs to existing heating systems;(c) damp proof measures;(d) provision of ventilation and natural lighting;

4Words in para. 14(3)omitted by reg.2(2)(i)(iii) of S.I. 2015/1647 as from 1.4.16.5Sub-para. (14) insertedin para. 14 by reg.29(6)(d) of S.I. 2002/3019 as from 6.10.03.

2Words omitted in para.14(12)(c)(iv) by reg.2(8)(c) of S.I. 2008/698 as from 14.4.08.

6Sub-para. (15) insertedby reg. 2(11)(f)(ii) ofS.I. 2008/1554 as from27 .10 .08 .7Words inserted in para.15(15) by reg. 41(2)(a)of S.I. 2008/2428 asfrom 27.10.08.

3Words inserted in para.14(12)(c) by reg.3(6)(a) of S.I. 2011/674 and comes intoforce on the first day ofthe first benefit week tocommence for thatclaimant on or after11 .4 .11 .



Sch. 3


(a ) 1977 c. 30..

(e) provision of drainage facilities;(f) provision of facilities for preparing and cooking food;(g) provision on insulation of the dwelling occupied as the home;(h) provision of electric lighting and sockets;(i) provision of storage facilities for fuel or refuse;(j) repairs of unsafe structural defects;(k) adapting a dwelling for the special needs of a disabled person; or(l) provision of separate sleeping accommodation for �1persons� of different

sexes aged 10 or over �1but under the age of 20 who live with the claimantand for whom the claimant or the claimant’s partner is responsible�.

(3) Where a loan is applied only in part for the purposes specified in sub-paragraph (1), only that portion of the loan which is applied for that purposeshall qualify under this paragraph.*Loans which would not qualify under paras. 15 and 16 above but which came within paras. 7(6),7(7) or 8(1)(a) of the former Sch. 3 (which was superseded as from 2.10.95) may in certain casesattract the transitional protection in reg. 3 of S.I. 1995/2287.

Other housing costs

17.—(1) Subject to the deduction specified in sub-paragraph (2) and thereductions applicable in sub-paragraph (5), there shall be met under thisparagraph the amounts, calculated on a weekly basis, in respect of the followinghousing costs–

(a) payments by way of rent or ground rent relating to a long tenancy �2�;(b) service charges;(c) payments by way of rentcharge within the meaning of section 1 of the

Rentcharges Act 1977(a);(d) payments under a co-ownership scheme;(e) payments under or relating to a tenancy or licence of a Crown tenant;(f) where the dwelling occupied as the home is a tent, payments in respect

of the tent and the site on which it stands.

(2) Subject to sub-paragraph (3), the deductions to be made from the weeklyamounts to be met under this paragraph are–

(a) where the costs are inclusive of any of the i tems mentioned in �3paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006�(payment in respect of fuel charges), the deductions prescribed in thatparagraph unless the claimant provides evidence on which the actual orapproximate amount of the service charge for fuel may be estimated, in whichcase the estimated amount;

(b) where the costs are inclusive of ineligible service charges within themeaning of �3paragraph 1 of Schedule 1 to the Housing Benefit Regulations2006� (ineligible service charges) the amounts attributable to thoseineligible service charges or where that amount is not separated from orseparately identified within the housing costs to be met under this paragraph,such part of the payments made in respect of those housing costs which arefairly attributable to the provision of those ineligible services having regardto the costs or comparable services;

(c) any amount for repairs and improvements, and for this purpose theexpression “repairs and improvements” has the same meaning it has inparagraph 16(2).

(3) Where arrangements are made for the housing costs, which are met underthis paragraph and which are normally paid for a period of 52 weeks, to be paidinstead of a period of 53 weeks, or to be paid irregularly, or so that no such costsare payable or collected in certain periods, or so that the costs for differentperiods in the year are of different amounts, the weekly amount shall be theamount payable for the year divided by 52.

(4) Where the claimant or a member of his family–(a) pays for reasonable repairs or redecorations to be carried out to the

dwelling they occupy; and

3Words in paras.17(2)(a) & (b) of Sch. 3substituted by reg. 1(5)of Sch. 2 to S.I. 2006/217 as from 6.3.06.

2Words omitted in para.17(1)(a) by reg. 5(8)(d)of S.I. 2006/2378 asfrom 2.10.06.

1Words in para. 16(2)(l)substituted by reg.2(11)(d) of S.I. 2008/2767 as from 17.11.08.



Sch. 3


5Sub-paras. (d) & (e)inserted by reg. 4(b) ofS.I. 1996/2518 as from6.4 .98 .

4Words substituted inpara. 18(2) by para.9(c) of Sch. 5 to S.I.1999/3178 as from29 .11 .99 .

3Word inserted in para.18(2) by reg. 5(11)(b)of S.I. 1995/2927 asfrom 12.12.95.

(b) that work was not the responsibility of the claimant or any member ofhis family; and

(c) in consequence of that work being done, the costs which are normallymet under this paragraph are waived,

then those costs shall, for a period not exceeding 8 weeks, be treated as payable.

(5) Where in England and Wales an amount calculated on a weekly basis inrespect of housing costs specified in sub-paragraph (1)(e) (Crown tenants)includes water charges, that amount shall be reduced–

(a) where the amount payable in respect of water charges is known, by thatamount;

(b) in any other case, by the amount which would be the likely weekly watercharge had the property not been occupied by a Crown tenant.

Non-dependant deductions

18.—(1) Subject to the following provisions of this paragraph, the followingdeductions from the amount to be met under the preceding paragraphs of thisSchedule in respect of housing costs shall be made–

�1(a) in respect of a non-dependant aged 18 or over who is engaged in anyremunerative work, �2£102.35� ;

(b) in respect of a non-dependant aged 18 or over to whom paragraph (a) doesnot apply, �2£15.85�;�

(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph(1)(a) applies because he is in �3remunerative� work, where the claimant satisfies the�4Secretary of State� that the non-dependant’s gross weekly income is–

(a) less than �2£149.00�, the deductions to be made under this paragraphshall be the deduction specified in sub-paragraph (1)(b);

(b) not less than �2£149.00� but less than �2£217.00�, the deduction to bemade under this paragraph shall be �2£36.45�;

(c) not less than �2£217.00� but less than �2£283.00�, the deduction to bemade under this paragraph shall be �2£50.05�.

�5(d) not less than �2£283.00� but less than �2£377.00� the deduction to bemade under this paragraph shall be �2£81.90�;

(e) not less than �2£377.00� but less than �2£469.00�, the deduction to bemade under this paragraph shall be �2£93.25�.�

(3) Only one deduction shall be made under this paragraph in respect of a coupleor, as the case may be, the members of a polygamous marriage, and where, but for thissub-paragraph, the amount that would fall to be deducted in respect of one member ofa couple or polygamous marriage is higher than the amount (if any) that would fall tobe deducted in respect of the other, or any other, member, the higher amount shall bededucted.

(4) In applying the provisions of sub-paragraph (2) in the case of a couple or, as thecase may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2), to the couple’s or, as the case may be, all the members of the polygamousmarriage’s, joint weekly income.

(5) Where a person is a non-dependant in respect of more than one joint occupier ofa dwelling (except where the joint occupiers are a couple or members of a polygamousmarriage), the deduction in respect of that non-dependant shall be apportioned betweenthe joint occupiers (the amount so apportioned being rounded to the nearest penny)having regard to the number of joint occupiers and the proportion of the housing costsin respect of the dwelling occupied as the home payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying thedwelling occupied as the home of the claimant, if the claimant or any partner of his is–

(a) �6severely sight impaired or blind or treated as severely sight impaired orblind� by virtue of paragraph 12 of Schedule 2 (additional condition forhigher pensioner and disability premiums); or

(b) receiving in respect of himself either–

1Para. 18(1)(a) to (c)substituted for (a) & (b)by reg. 5(b)(i) of S.I.2004/2327 as from4.4 .05 .2Amounts in para. 18(1)& (2) substituted byreg. 21(7) of S.I. 2020/234 as from 6.4.20. Seeart. 1(3)(h) for when toapply.

6Words in para. 18(6)(a)substituted by reg.3(2)(b) of S.I. 2014/2888 as from 26.11.14.(See reg. 1(2) forrevised effective datesin certaincircumstances).




(a ) 1973 c. 50; s. 2 was submitted by the Employment Act 1988 (c. 19) s. 25(1) & repealed inpart by the Employment Act 1989 (c. 38) s. 29(4), Sch. 7, Part I.

(b) 1990 c. 35.

15Word inserted in para.18(8) by reg. 5(11)(c)of S.I. 1995/2927 asfrom 12.12.95.

(i) an attendance allowance; �1�

(ii) the care component of the disability living allowance�1; �2�

(iii) the daily living component of personal independence payment� �2or(iv) armed forces independence payment.�

(7) No deduction shall be made in respect of a non-dependant–(a) if, although he resides with the claimant, it appears to the �3Secretary of

State� that the dwelling occupied as his home is normally elsewhere;or

(b) if he is in receipt of a training allowance paid in connection with �4youthtraining� established under section 2 of the Employment and Training Act1973(a) or section 2 of the Enterprise and New Towns (Scotland) Act 1990(b);or

(c) if he is a full-time student during a period of study or, if he is not inremunerative work, during a recognised summer vacation appropriate to hiscourse; or

(d) if he is aged under 25 and in receipt of income support �5or an income-basedjobseeker’s allowance�; or

(e) in respect of whom a deduction in the calculation of a rent rebate or allowancefalls to be made under �6regulation 74 of the Housing Benefit Regulations2006� (non-dependent deductions); or

(f) to whom, but for paragraph (2C) of regulation 3 (definition of non-dependant)paragraph (2B) of that regulation would apply; or

(g) if he is not residing with the claimant because he has been a patient for aperiod in excess of �752� weeks, or is a prisoner, and for these purposes–

�8(i) “patient” has the meaning given in paragraph 3(13)(b) and “prisoner”has the meanings given in regulation 21(3); and

(ii) in calculating a period of 52 weeks as a patient, any two or more distinctperiods separated by one or more intervals each not exceeding 28 daysshall be treated as a single period;�

�9(h) if he is in receipt of state pension credit.��10(i) he is aged less than 25 and is in receipt of �11income- related� employment

and support allowance �12and is not a member of the work-related activitygroup or a member of the support group; or��

Sch. 3, para. 18(7)(i) is reproduced below as it remains in force forcertain cases. See Sch. 2, para. 1 of S.I. 2017/204 for details.

�10(i) he is aged less than 25 and is in receipt of �11income-related� employment and support allowance which doesnot include an amount under section �13� 4(4) or (5) ofthe Welfare Reform Act (components).�

�14(j) if he is aged less than 25 and is entitled to an award of universal credit wherethe award is calculated on the basis that he does not have any earned income�

(8) In the case of a non-dependant to whom sub-paragraph (2) applies because he isin �15remunerative� work, there shall be disregarded from his gross income–

(a) any attendance allowance�1, disability living allowance or personalindependence payment� �2or armed forces independence payment� receivedby him;

(b) any payment made under �16or by� the Macfarlane Trust, the Macfarlane(Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust,the Fund, the Eileen Trust�16, MFET Limited��17, the Skipton Fund, the

752 substituted for six inpara. 18(7)(g) by reg.3(4) of S.I . 2003/1195as from 15.5.03 or latersubject to reg 1(c) ibid.

Sch. 3

9Para. (h) inserted by reg.5(b)(ii) of S.I. 2004/2327as from 4.4.05.

5Words inserted in para.18(7)(d) by reg. 6 ofS.I. 1997/827 as from7.4 .97 .6Words in para 18(7)(e)substituted by reg. 5 &para. 1(5)(c) of Sch. 2to S.I. 2006/217 as from6.3 .06 .

8Sub-para. (7)(g)(i) &(ii) substituted by reg.4(4) of S.I . 2005/3360as from 10.4.06. or latersubject to reg. 1(c) onpage. 3.4081 ibid.

3Words substituted inpara. 18(7)(a) by para.9(c) of Sch. 5 to S.I.1999/3178 as from29 .11 .99 .4Words in para. 18(7)(b)substituted by reg.2(11)(e) of S.I. 2008/2767 as from 17.11.08.

10Para. (i) inserted by reg.2(11)(g) of S.I. 2008/1554 as from 27.10.08.

12Words in para. 18(7)(i)of Sch. 3 substituted byreg. 1(3)(b) of S.I. 2017/240 as from 3.4.17.

16Words inserted in para.18(8)(b) by regs. 2(3)(e)& (7)(c) of S.I. 2010/641as from 1.4.10.17Words in para.18(8)(b) inserted byreg. 7(5) of S.I. 2011/2425 as from 31.10.11.

1Words omitted &inserted in para. 18 ofSch. 3 by para. 11(6) ofSch. to S.I. 2013/388 asfrom 8.4.13.

11Words inserted in para.18(7)(i) by reg. 2(4)(b)of S.I. 2013/443 asfrom 4.3.13.

14Para. 18(7)(j) insertedby reg. 28(7)(b)(i) ofS.I. 2013/630 as from29.4 .13 .

2Word in para. 18(6)(b)(ii) omitted & words in18(6)(b)(iii) , (8)(a) &para. 18(6)(b)(iv)inserted in Sch. 3 bypara. 4(6) of Sch. to S.I.2013/591 as from 8.4.13.

13Words deleted in para.18(7)(i) by reg. 41(2)(b) ofS.I. 2008/2428 as from27.10.08.




Caxton Foundation��1, the Scottish Infected Blood Support Scheme� �2,an approved blood scheme��3, the London Emergencies Trust, the We LoveManchester Emergency Fund� or the Independent Living �4Fund 2006�which, had his income fallen to be calculated under regulation 40 (calculationof income other than earnings)(a), would have been disregarded underparagraph 21 of Schedule 9 (income in kind); and

(c) any payment which, had his income fallen to be calculated under regulation40 would have been disregarded under paragraph 39 of Schedule 9 (paymentsmade under certain trusts and certain other payments)(b).

�2(d) any payment made under or by a trust, established for the purpose of givingrelief and assistance to disabled persons whose disabilities were caused bythe fact that during their mother’s pregnancy she had taken a preparationcontaining the drug known as Thalidomide, and which is approved by theSecretary of State.�

�5(9) For the purposes of sub-paragraph (7)(j), “earned income” has the meaninggiven in regulation 52 of the Universal Credit Regulations 2013(c).�

Rounding of fractions

19. Where any calculation made under this Schedule results in a fraction of a penny,that fraction shall be treated as a penny.�

[Schedule 3A revoked (3.4.06) by reg. 2(4)(e) of S.I. 2006/588.]

[Schedule 3B revoked (3.4.06) by reg. 2(4)(f) of S.I. 2006/588.]

[Schedule 3C omitted (6.10.03) by para. 7 of Schedule 1 to S.I. 2003/1121.]

[Schedule 4 omitted (8.4.02) by para. 16 of Schedule to S.I. 2001/3767.]

[Schedule 5 deleted (9.10.89) by para. 12 of Schedule 1 to S.I. 1989/534.]

[Schedule 6 deleted (10.4.89) by para. 10 of Schedule 1 to S.I. 1988/1445.]

Schs. 3-6

4Words substituted inpara. 18(8)(b) by reg.2(6) of S.I . 2008/2767as from 17.11.08.5Para. 18(9) inserted byreg. 28(7)(b)(ii) of S.I.2013/630 as from29.4 .13 .

(a ) Relevant amending instruments are S.I. 1988/2022 and 1990/1549.(b) Relevant amending instruments are S.I. 1991/1175 and 1992/1101.(c) S.I. 2013/376.

1Words in para. 18(8)(b)of Sch. 3 inserted byreg. 3(3)(d) of S.I.2017/329 as from3.4 .17 .

3Words in para. 18(8)(b)of Sch. 3 inserted byreg. 2(3)(d) of S.I.2017/689 as from19.6 .17 .

2Words inserted in para.18(8)(b) of Sch. 3 & (d)inserted by regs. 2(3)(d)& (5) of S.I. 2017/870as from 23.10.17.




SCHEDULE 7 �1Regulation 21 and 21AA�

APPLICABLE AMOUNTS IN SPECIAL CASES

Column (1) Column (2)

1. - 2. �2�

�3Persons serving a sentence of imprisonmentdetained in hospital

2A. A person serving a sentence of imprisonment 2A. Nil*detained in hospital.�

2B. �4��

*The nil amount is maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260. See art. 1(2)(j) ofthis S.I. for when to apply in certain cases.

2Paras. 1 & 2 omitted byreg. 4(5)(a) of S.I.2005/3360 as from10.4.06 or later subjectto reg. 1(c) to page3.4081 ibid.3Heading & column 1 inpara. 2A of Sch. 7substituted by reg. 3(3)of S.I. 2010/442 asfrom 25.3.10.

1Reference in headingsubstituted by reg. 2(8)of S.I. 2007/719 asfrom 2.4.07.

4Para. 2B omitted byreg. 2(8) of S.I. 2007/719 as from 9.4.07 orlater, see reg. 1 ibid.

Sch. 7






Sch. 7

6.3356 (–6.3376)

3Refs. in col. (2) ofparas. 6 and 8(b)adjusted by reg. 23 ofS.I. 1988/1445 as from12.9 .88 .

(a ) Paragraph 3 was amended by S.I. 1988/1445, reg. 23.


3. �1�

�2�

[Paras. 4 and 5 deleted by para. 10 of Sch. 1 to S.I. 1988/1445 as from 10.4.89.]

Claimants without accommodation

6. A claimant who is without accommoda- 6. The amount applicable to him undertion. regulation 17�3(1)�(a) only.

Members of religious orders

7. A claimant who is a member of and fully 7. Nil*.maintained by a religious order.

Prisoners8. A person 8.

(a) except where sub-paragraph (b) (a) Nil*;applies, who is a prisoner;

(b ) who is detained in custody pending (b ) only such amount, if any, as maytrial or sentence following convic- be applicable under regulationtion by a court. 17�3(1)�(e).

*The nil rates in paras. 7 and 8(a) are maintained in force (10.4.17) by Sch. 4 to S.I .2017/260. See art. 1(2)(j) of this S.I. for when to apply in certain cases.

1Para 3 omitted by para21(d) of Sch. 1 to S.I.2003/455 as from6.4 .04 .2Para. 3, as it remainedin force, omitted by reg.2(8) of S.I. 2007/719 asfrom 8.4.07, see reg. 1ibid.



Sch. 7

6.3377

1Word and sub-paras. (a)and (b) substituted forwords and sub-paras. (a)to (f) in para. 9 col. (1)by reg. 11(a) of S.I.1989/1678 as from9.10 .89 .2Ref. in para. 9(a) col.(2) adjusted by reg. 23of S.I. 1988/1445 asfrom 12.9.88.

4Words inserted andadded in para. 9(a)(v)col. (1) by art. 2 and9(e) of, and Sch. to, S.I.1991/387 as from1.4 .91 .

(a ) 1947 c. 19; amended by Sch. 4 of the Social Security Act 1980 (c. 30) and by S.I. 1951/174and 1968/1699.

(b) 1973 c. 50; s. 2 was substituted by the Employment Act 1988 (c. 19), s. 25(1).(c) 1990 c. 35.


SCHEDULE 7 (contd.)


Specified cases of temporarily separatedcouples

9. A claimant who is a member of a couple 9. Either–and who is temporarily separated from his (a) the amount applicable to him as apartner �1where– member of a couple under regula-

(a) one member of the couple is– tion 17�2(1)�; or�3(i) not a patient but is residing in (b ) the aggregate of his applicable

a care home, an Abbeyfield amount and that of his partnerHome or an independent hospital; assessed under the provisions ofor� these Regulations as if each of

(iii) resident in premises used for them were a single claimant, or athe rehabilitation of alcohol– lone parent,ics or drug addicts, or whicheveris the greater.

(iv) resident in accommodationprovided under section 3 ofand Part II of the Schedule to,the Polish Resettlement Act1947 (provision of accommo-dation in camps)(a), or

(v ) participating in arrangementsfor training made under sec-tion 2 of the employment andTraining Act 1973(b) �4orsection 2 of the Enterprise andNew Towns (Scotland) Act1990�(c) or attending acourse at an employmentrehabilitation centre establishedunder that section �4of the1973 Act�, where the courserequires him to live away fromthe dwelling occupied as thehome, or

(vi) in a probation or bail hostelapproved for the purpose bythe Secretary of State; and

(b ) the other member of the couple is–

(i) living in the dwelling occupiedas the home, or

(ii) a patient, or

�3(iii) residing in a care home, anAbbeyfield Home or an independenthospital.��

3Heads (i) & (ii) in para.9(a) & (iii) & (iv) in9(b) of col. 1substituted for (i) & (iii)respectively by para.10(a) of Sch. 1 to S.I.2005/2687 as from24 .10 .05 .



Sch. 7

6.3378

2Sub-para. (c) of para.10 col. (1), omitted byreg. 33(a) of S.I. 1988/663 as from 11.4.88.

3Words in sub-para. (e)of para. 10, col. (1)substituted by reg.2(1)(f) of S.I. 1991/236as from 8.4.91.4Words inserted in sub-para. (e) of para. 10,col. (1), by art. 6(5) ofS.I. 1995/2986 as from1.1 .96 .


SCHEDULE 7 (contd.)


Polygamous marriages where one or morepartners are temporarily separated

10. A claimant who is a member of a 10. Either–polygamous marriage and who is temporarily (a) the amount applicable to theseparated from a partner of his, where one of members of the polygamousthem is living in the home while the other marriage under regulation 18; ormember is–

�1(a) not a patient but is residing in a (b ) the aggregate of the amountcare home, an Abbeyfield Home or an applicable for the members of theindependent hospital, or� polygamous marriage who remain

(c) �2� in the home under regulation 18(d ) resident in premises used for the and the amount applicable in

rehabilitation of alcoholics or drug respect of those members not inaddicts; or the home calculated as if each of

(e) attending a course of training or them were a single claimant, or ainstruction provided or approved lone parent,whichever is theby the �3Secretary of State for greater.�4Education and� Employment�where the course requires him tolive away from home; or

(f) in a probation or bail hostelapproved for the purpose by theSecretary of State.

10A. - 10C. �5�

[Para. 10D deleted by para. 6(c) of Sch. 1 to S.I. 1992/3147 as from 1.4.93.]

Couples where one member is abroad

11 . �6Subject" to paragraph 11A,� a claimant 11. For the first four weeks of that absencewho is a member of a couple and whose the amount applicable to them as a couplepartner is temporarily not present �7United under regulation 17�8(1)� , �9� �10or 21� asKingdom.� the case may be and thereafter the amount

applicable to the claimant in Great Britainunder regulation 17�8(1)� �9� �10or 21� asthe case may be as if the claimant were asingle claimant or, as the case may be, a loneparent.

5Paras. 10A-10C omittedby para. 8(a) of Sch. 1to S.I. 2003/1121 asfrom 6.10.03.

10Ref. substitutedin para. 11 col. (2) bypara. 13(c) of Sch. 1 toS.I. 1989/534 as from9.10 .89 .

6Words inserted in para.11, col. (1) by reg.21(g) of S.I . 1990/547as from 9.4.90.7Words substituted inpara. 11 col. (1) by reg.23(c) of S.I. 1988/1445as from 12.9.88.8Ref. in para. 11, col.(2), adjusted by reg. 23of S.I. 1988/1445 asfrom 12.9.88.9Words omitted in col.(2) of paras. 11 by reg.2(1) of, & para. 17 ofthe Sch. to, S.I. 2001/3767 as from 8.4.02.

1In col. 1, para. 10(a) &(b) substituted by (a) bypara. 10(b) of S.I.2005/2687 as from24 .10 .05 .




SCHEDULE 7 (contd.)


�Couple or member of couple taking child oryoung person abroad for treatment

11A.—�(1)� A claimant who is a member 11A. For the first 8 weeks of that absence, theof a couple where either– amount applicable to the claimant under

(a) he or his partner is, or regulation 17(1), �� or 21, as the case may be(b) both he and his partner are and, thereafter, if the claimant is in Great

absent from the United Kingdom in �the Britain the amount applicable to him undercircumstances specified in paragraph (2). regulation 17(1), �� or 21, as the case may be,

as if the claimant were a single claimant, or,(2) For the purposes of sub-paragraph (1) as the case may be, a lone parent.

the specified circumstances are–

(a) in respect of a claimant, those inregulation 4(3)(a) to (d);

(b ) in respect of a claimant’s partner,as if regulation 4(3)(a) to (d)

applied to that partner.applied to that partner.�

�

�Polygamous marriages where any member isabroad

12. Subject to paragraph 12A, a claimant 12. For the first four weeks of thatwho is a member of a polygamous marriage absence, the amount applicable to the claimantwhere– under regulations 18 to 21, as the case may

(a) he or one of his partners is, or be, and thereafter, if the claimant is in Great(b ) he and one or more of his partners Britain the amount applicable to him under

are, or regulations 18 to 21, as the case may be, as if(c) two or more of his partners are, any members of the polygamous marriage not

temporarily absent from the United in the United Kingdom were not a member ofKingdom. the marriage.

�

�Polygamous marriage: taking child or youngperson abroad for treatment

12A.�—(1)� A claimant who is a member 12A.For the first 8 weeks of that absence,of a polygamous marriage where– the amount applicable to the claimant under

(a) he or one of his partners is, regulations 18 to 21, as the case may be, and(b ) he and one or more of his partners thereafter, if the claimant is in Great Britain

are, or the amount applicable to him under(c) two or more of his partners are, regulations 18 to 21, as the case may be, as if any

absent from the United Kingdom in �the member of the polygamous marriage not incircumstances specified in paragraph (2). the United Kingdom were not a member of

the marriage.

(2) For the purposes of sub-paragraph (1)the specified circumstances are–

(a) in respect of a claimant, thoseregulation 4(3)(a) to (d);

(b ) in respect of a claimant’s partner orpartners, as the case may be, as ifregulation 4(3)(a) to (d) applied tothat partner or those parents.�

Para. 12 substituted byreg. 21(i) of S.I. 1990/547as from 9.4.90.

Words substituted inpara. 12A col. (1) byreg. 19(b) of S.I. 1991/1559 as from 7.10.91.

Para. 12A inserted byreg. 21(j) of S.I. 1990/547 as from 9.4.90.Former para. 12A(col. (1)) redesignatedas para. 12A(1) as from7.10 .91 .

Words substituted inpara. 11A col. (1) byreg. 19(a) of S.I. 1991/1559 as from 7.10.91

Former para. 11A(col. (1)) redesignatedas para. 11A(1) as from7.10 .91 .

Para. 11A inserted byreg. 21(h) of S.I.1990/547 as from9.4 .90 .

(Words omitted in col.(2) of paras. 11 & 11Aby reg. 2(1) of, & para.17 of the Sch. to, S.I.2001/3767 as from8.4 .02 .



Sch. 7


13 . ��

��

13A. ��

13B. ��

��

��

�Partner of a person subject toimmigration control

16A. ��16A.

(a) A claimant who is the partner of (a) The amount applicable in respect ofa person subject to immigration the claimant only under regulationcontrol. 17(1)(a) any amount which may be

applicable to him under regulation17(1)(d) plus the amount applicable

(b ) Where regulation 18 (polygamous applicable to him under regulationmarriages) applies and the claimant 17(1)(e), (f) and (g) or, as the caseis a person– may be, regulation 21.

(i) who is not subject to immigration (b ) The amount determined in accordancecontrol within the meaning of with that regulation or regulation 21section 115(9) of the in respect of the claimant and anyImmigration and Asylum partners of his who are not subject toAct ; or immigration control within the

(ii) to whom section 115 of that meaning of section1 15(9) of theAct does not apply by virtue Immigration and AsylumAct and toof regulation 2 of the Social whom section 115 of that Act does notSecurity (Immigration and apply for the purposes of exclusionAsylum) Consequential from entitlement toi ncome support.�Amendments Regulations2000; and

(iii) who is a member of a coupleand one or more of his partnersis subject to immigration controlwithin the meaning of section115(9) of that Act and section115 of that Act applies to herfor the purposes of exclusionfrom entitlement to incomesupport.

This paragraph continues to b e reproduced asit remains in force in certain cases. See reg. 1 ofS.I. 2003/455 at page 6.7203 for details of whento apply this version.

(a) The amounts applicable in respect ofthe claimant only under regulation17(1)(a) plus that in respect of anychild or young person who is amember of his family and who is nota person subject to immigrationcontrol within the meaning ofsection 115(9) of the Immigration andAsylum Act, and to whom section115 of that Act does not apply for thepurposes of exclusion fromentitlement to income support, anyamounts which may be applicable tohim under regulation 17(1)(b), (c) or(d) plus the amount applicable to

(a)Paras. 13(1), 13A &13B omitted by para. 8of Sch. 1 to S.I. 2003/1121 as from 6.10.03.Para. 13(2) deleted byreg. 3(5)(b) of S.I.2003/1195 as from15.5.03 or later subjectto reg. 1(c) ibid.See note (a) above.

Para. 16 omitted by reg.2(1) of, para. 17(f) ofthe Sch. to, S.I. 2001/3767 as from 8.4.02.

Paras. 14 & 15 deletedby para. 13(e) of Sch. 1to S.I. 1989/534 as from9.10 .89 .

SCHEDULE 7 (contd.)


Para. 16A inserted byreg. 3(10) of S.I. 2000/636 as from 3.4.00.

Para 16A(a) & (b) incolumn 2 substituted bypara 21(i) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .



Sch. 7


(a ) S.I. 1987/1968.(b) Reg. 6(3) was inserted in the Social Security (Claims and Payments) Regs. 1987 by S.I.

1988/522, reg. 2(3).

SCHEDULE 7 (contd.)


him under regulation 17(1)(e), (f) and(g) or, as the case may be, regulation�1� or 21.

(b) The amount determined inaccordance with that regulation orregulation �1� 21 in respect of theclaimant and any partners of his andany child or young person for whomhe or his partner is treated asresponsible, who are not subject toimmigration control within section115 of that Act does not apply for thepurposes of exclusion fromentitlement to income support.�

Persons from abroad

17. �2Person from abroad� 17 . �2Nil*�*The nil amount is maintained in force (10.4.17) by Sch. 4 to S.I. 2017/260. See art. 1(2)(j) of thisS.I. for when to apply in certain cases.

18. �3�Claimants entitled to the disability premiumfor a past period

19. A claimant– 19. The amount only of the disability(a) whose time for claiming income premium applicable by virtue of

support has been extended under �4paragraph 11(1)(b)� of Schedule 2 asregulation �519(4)� of the Social specified in paragraph 15(4)(b) of thatSecurity (Claims and Payments) Schedule.Regulations 1987(a) (time forclaiming benefit); and

(b ) whose partner was entitled toincome support in respect of theperiod beginning with the day onwhich the claimant’s claim is treatedas made under �6regulation 6(3) ofthose regulations(b)� and �6endingwith the day before the day� onwhich the claim is actually made; and

(c) who satisfied the condition in �4para-graph 11(1)(b)� of Schedule 2 and theadditional condition referred to inthat paragraph 12(1)(b) of thatSchedule in respect of that period.

�7Persons who have commenced remunerative work

19A. A person to whom regulation 6(5) 19A.—(1) Subject to sub-paragraph (2), the(persons not treated as in remunerative) lowest of either–work applies. (a) the amount determined in accordance

with–

(i) Schedule 3 (housing costs); �8�(ii) as the case may be, Schedule 2 to

the Jobseeker’s AllowanceRegulations 1996 (housing costs),�8or

(iii) as the case may be, Schedule 6 tothe Employment and SupportAllowance Regulations (housingcosts),�which was applicable to theclaimant or his partner immediatelybefore he or his partner commencedthe remunerative work referred toin regulation 6(5)(a); or


2Words substituted inpara. 17 cols. (1) & (2)by reg. 3(11) of S.I.2000/636 as from3.4 .00 .3Para. 18 omitted byreg. 2(1) of, & para.17(h) of the Sch. to, S.I.2001/3767 as from8.4 .02 .

6Words substituted inpara. 19(b) col. (1) byreg. 26(3) of S.I.1995/516 as from10.4 .95 .

5Words substituted inpara. 19(a) col. (1) byreg. 6 of S.I. 2000/681as from 3.4.00.

1Words omitted in col. (2)of para. 16A by reg. 2(1)of & para. 17(g) of theSch. to, S.I. 2001/3767 asfrom 8.4.02.

4Word substituted inpara. 19 by reg. 2(8) ofS.I. 2007/719 as from9.4.07 or later, see reg.1 ibid.

8Words omitted in para.19A(a)(i) col. (2) andsub-para. (iii) added byreg. 2(12)(a)(i) of S.I.2008/1554 as from28 .10 .08 .




(b ) the amount of income support �1,income-related employment andsupport allowance� or, as the casemay be, income-based jobseeker’sallowance which the claimant or hispartner was entitled to in the benefitweek immediately before the benefitweek in which he or his partnercommenced the remunerative workreferred to in regulation 6(5)(a)or, where he or his partner was inreceipt of a training allowance in thatbenefit week, the amount of incomesupport or income-based jobseeker’sallowance which he would have beenentitled to in that week had he notbeen in receipt of a training allowance.

(2) Nothing in sub-paragraph (1) shallprevent any adjustment being made to theamount referred to in (a) or, as the case maybe, (b) of that sub-paragraph during theperiod referred to in regulation 6(6), in orderto reflect changes during that period to theamounts prescribed in Schedule 2 �2� or inthis Schedule or to reflect changes incircumstances during that period relating tothe matters specified to in sub-paragraph (3).

(3 ) The changes in circumstances referredto in sub-paragraph (2) are changes to theamount of housing costs to be met inaccordance with Schedule 3 in the claimant’scase occasioned by–

(a) the claimant becoming entitled toincome support for a continuousperiod of 26 weeks or more;

(b) a change to the standard interest rate;or

(c) any non-dependant deductionbecoming applicable, or ceasing to beapplicable.

(4) In sub-paragraph (1), a reference to theclaimant or his partner being entitled to and inreceipt of an income-based jobseeker’sallowance or to an amount being applicable toeither of them under the Jobseeker’sAllowance Regulations 1996 shall include areference to the claimant and his partner beingentitled to, and in receipt of, a joint-claimjobseeker’s allowance and to an amount beingapplicable to that couple under thoseRegulations.�

Rounding of fractions20. Where any calculation under this Schedule or as a result of income support being awardedfor a period of less than one complete benefit week results in a fraction of a penny that fractionshall be treated as a penny.

SCHEDULE 7 (contd.)


2Words in col. 2 of para.19A(2) deleted by reg.17(i) of S.I. 2001/3767as from 8.4.02.

1Words inserted in para.19A(1)(b), Col. (2) byreg. 2(12)(a)(ii) of S.I.2008/1554 as from27.10 .08



Sch. 8

6.3535

4Words inserted in para.3 by reg. 34 of S.I.1988/663 as from11.4 .88 .

5Para. 4 substituted byreg. 10 of S.I. 1989/534as from 9.10.89.


6Amount substituted inpara. 4(1) by reg. 3 ofS.I. 2000/2545 as from9.4.01 (subject to thesaving provision in reg.4 of that S.I.).7Words omitted in paras.4(2) by reg. 2(1) of theSch. to, S.I. 2001/3767 asfrom 8.4.02.

SCHEDULE 8 Regulations 36(2), 38(2)and 44(6)

SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

�11.—(1) In the case of a claimant who has been engaged in remunerative work asan employed earner or, had the employment been in Great Britain, would havebeen so engaged–

(a) any earnings, other than items to which sub-paragraph (2) applies, paid ordue to be paid from that employment which terminated before the first day ofentitlement to income support;

(b) any earnings, other than a payment of the nature described in �2sub-paragraph(2)(a) or (b)(ii)�, paid or due to be paid from that employment which has notbeen terminated where the claimant is not–(i) engaged in remunerative work, or

(ii) suspended from his employment.

(2) This sub-paragraph applies to–�2(a) any payment of the nature described in–

(i) regulation 35(1)(e), or

(ii) section 28, 64 or 68 of the Employment Rights Act 1996(a) (guaranteepayments, suspension from work on medical or maternity grounds); and�

(b) any award, sum or payment of the nature described in–(i) regulation 35(1)(g) or (h), or

(ii) section 34 or 70 of the Employment Rights Act 1996 (guarantee paymentsand suspension from work: complaints to employment tribunals)(b),

including any payment made following the settlement of a complaint to anemployment tribunal or of court proceedings.�

�31A. If the claimant’s partner has been engaged in remunerative work as anemployed earner or, had the employment been in Great Britain, would have been soengaged, any earnings paid or due to be paid on termination of that employment byway of retirement but only if the partner has attained the qualifying age for statepension credit on retirement.�

�12.—(1) In the case of a claimant to whom this paragraph applies, any earnings(other than a payment of the nature described in �2paragraph 1(2)(a) or (b)(ii)� whichrelate to employment which ceased before the first day of entitlement to income supportwhether or not that employment has terminated.

(2) This paragraph applies to a claimant who has been engaged in part-timeemployment as an employed earner or, had the employment been in Great Britain,would have been so engaged; but it does not apply to a claimant who has beensuspended from his employment.�

3. In the case of a claimant who has been engaged in remunerative work orpart-time employment as a self-employed earner �4or, had the employment beenin Great Britain, would have been so engaged� and who has ceased to be so employed,from the date of the cessation of his employment any earnings derived from thatemployment except earnings to which regulation 30(2) (royalties etc.) applies.

�54.—(1) In a case to which this paragraph applies, �6£20�; but notwithstandingregulation 23 (calculation of income and capital of member of claimant’s familyand of a polygamous marriage), if this paragraph applies to a claimant it shall notapply to his partner except where, and to the extent that, the earnings of theclaimant which are to be disregarded under this paragraph are less than �6£20�.

(2) This paragraph applies where the claimant’s applicable amount includes,or but for his being an in-patient �7� �8� would include an amount by way of adisability premium under Schedule 2 (applicable amounts).

(3) This paragraph applies where–(a) the claimant is a member of a couple, and–

(i) his applicable amount would include an amount by way of thedisability premium under Schedule 2 but for the higher pensionerpremium under that Schedule being applicable; or

3Para. 1A inserted byreg. 29(7)(a)-(b) of S.I.2002/3019 as from6.10 .03 .

8Words omitted in para.4(2) by para. 11 of Sch. 1to S.I. 2005/2687 as from24 .10 .05 .

1Para. (1) and (2)substituted by reg.5(11)(a) and (b) of S.I.2007/2618 as from1.10 .07 .

(a ) 1996 c. 18.(b) 1996 c. 18.

2Words in para. 1(1)(b)& 2 and para. 1(2)(a)substituted by reg.2(16)(a)-(c) of S.I.2009/2655 on or after26.10.09 & subject toreg. 1 ibid.



6.3536

(a ) 1990 c. 35.(b) 1990 c. 35.

6Para. 4(7) substitutedby reg. 12(a) of S.I.1989/1678 as from9.10 .89 .

8Words inserted in para.4(7)(a)(ii) & (c) by arts.2 & 9(f)(i) & (ii) of, &Sch. to, S.I. 1991/387as from 1.4.91.


5Para. 4(5) and (6)deleted by reg. 12(a) ofS.I. 2000/681 as from3.4 .00 .

4Amount substituted inpara. 4(4)(c) by reg. 3of S.I. 2000/2545 asfrom 9.4.01 (subject tothe saving provision inreg. 4 of that S.I.).

11Words deleted frompara. 5 by para. 8(a) ofSch. 1 to S.I. 1988/1445as from 10.4.89.

10Word deleted from para.5 by para. 14(a) of Sch. 1to S.I. 1989/534 as from9.10.89.

9Words in para. 5 of Sch.8 substituted by reg. 41 ofS.I. 1996/1803 as from7.4.97.

(ii) had he not been an in-patient �1� �2� his applicable amount wouldinclude the higher pensioner premium under that Schedule and had thatbeen the case he would also satisfy the condition in (i) above; and

�3�

(4) This paragraph applies where–

(a) the claimant’s applicable amount includes, or but for his being an in-patient �1� �2� would include, an amount by way of the higher pensionerpremium under Schedule 2; and

�3(b) the claimant’s partner has attained the qualifying age for state pension credit;�

(c) immediately before attaining that age �3� his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph(2) �3� to a disregard of �4£20�; and

(d) he or, as the case may be, he or his partner has continued in part-timeemployment.

(5) and (6) �5�

�6(7) For the purposes of this paragraph–

(a) except where head (b) or (c) applies, no account shall be taken of anyperiod not exceeding eight consecutive weeks occurring–

�3(i) on or after the date on which the claimant’s partner attained the qualifyingage for state pension credit during which the partner was not engaged inpart-time employment or the claimant was not entitled to income support�7or employment and support allowance�; or�

(ii) immediately after the date on which the claimant or his partner ceased toparticipate in arrangements for training made under section 2 of theemployment and Training Act 1973 �8or section 2 of the Enterprise andNew Towns (Scotland) Act 1990�(a) or to attend a course at anemployment rehabilitation centre established under that section �7ofthe 1973 Act ;

(b) in a case where the claimant has ceased to be entitled to income support �7oremployment and support allowance� because he, or if he is a member of acouple, he or his partner becomes engaged in remunerative work, no accountshall be taken of any period, during which he was not entitled to incomesupport �7or employment and support allowance�, not exceeding thepermitted period determined in accordance with regulation 3A (permittedperiod) occurring on or after the date on which �3the claimant’s partnerattains the qualifying age for state pension credit.�

(c) no account shall be taken of any period occurring on or after the date onwhich �3the claimant’s partner, if he is a member of a couple, attained thequalifying age for state pension credit� during which the claimant was notentitled to income support �7or employment and support allowance� becausehe or his partner was participating in arrangements for training made undersection 2 of the Employment and Training Act 1973 �8or section 2 of theEnterprise and New Towns (Scotland) Act 1990�(b) or attending a course atan employment rehabilitation centre established under that section �8of the1973 Act �.��

This version of para. 5 in force from 7.4.97 to 5.4.98.

5. If an amount by way of a �9family premium under paragraph3(a) of� Schedule 2(applicable amounts) is, or but for thepensioner premium being applicable to him or for hisaccommodation in a residential care home, nursing home �10��11� or in residential accommodation would be, included in thecalculation of the claimant’s applicable amount, £15.

3Para. 4(3)(b) omitted,para. 4(4)(b) & (7)(a)(i)substituted, words in(4)(c) omitted & wordsin (7)(b) & (c)substituted by reg.29(7)(c) of S.I. 2002/3019 as from 6.10.03.

7Words inserted in para.4(7) by reg. 2(13) ofS.I. 2008/1554 as from27 .10 .08 .

1Words omitted in paras.4(3)(a)(ii) & (4)(a) byreg. 2(1) of, & para.18(a) of the Sch. to, S.I.2001/3767 as from8.4 .02 .2Words omitted in para.4(3)(a)(ii) & (4)(a) bypara. 11 of Sch. 1 to S.I.2005/2687 as from24 .10 .05 .



Sch. 8

6.3537

(a ) Para. 6A and 6B were inserted in Sch. 8 by S.I. 1993/315.(b) Para. 14ZA was inserted by S.I. 1990/1776; relevant amending instruments are S.I. 1991/1559

and 1991/2742.

Para. 6 substituted byreg. 6(11)(a) of S.I.1996/1944 as from7.10 .96 .


Para. 5 substituted byreg. 13 of S.I. 1998/766as from 6.4.98.Amount substituted inpara. 5 of Sch. 8 by reg.3 of S.I. 2000/2545 asfrom 9.4.01 (subject tothe saving provision inreg. 4 of S.I. 2000/2545) .

Para. 6A and 6Binserted into Sch. 8 byreg. 8(2) of S.I. 1993/315 as from 12.4.93.

(a) Amount substitutedin para. 6A & 6B ofSch. 8 by reg. 3 of S.I.2000/2545 as from9.4.01 (subject to thesaving provision in reg.4 of S.I. 2000/2545).

�5. In a case where the claimant is a lone parent and paragraph 4 does notapply, �£20�.�

�6. Where the claimant is a member of a couple–

(a) in a case to which none of paragraphs 4, 6A, 6B, 7 and 8 applies(a), £10;but notwithstanding regulation 23 (calculation of income and capital ofmembers of claimant’s family and of a polygamous marriage), if this paragraphapplies to a claimant i t shall not apply to his partner exceptwhere, and to the extent that, the earnings of the claimant which are tobe disregarded under this sub-paragraph are less than £10;

(b) in a case to which one or more of paragraphs 4, 6A, 6B, 7 and 8 appliesand the total amount disregarded under those paragraphs is less than£10, so much of the claimant’s earnings as would not in aggregate withthe amount disregarded under those paragraphs exceed £10.�

�6A.—(1) In a case to which none of paragraphs 4 to 6 applies to the claimant,and subject to sub-paragraph (2), where the claimant’s applicable amount includesan amount by way of the carer premium under Schedule 2 (applicable amounts,�£20� of the earnings of the person who is, or at any time in the preceding eightweeks was, in receipt of �carer’s allowance�or treated in accordance withparagraph 14ZA(2)(b) of that Schedule as being in receipt of invalid careallowance.

(2) Where the carer premium is awarded in respect of the claimant and of anypartner of his, their earnings shall for the purposes of this paragraph beaggregated, but the amount to be disregarded in accordance with sub-paragraph(1) shall not exceed �£20� of the aggregated amount.

6B. Where the carer premium is awarded in respect of a claimant who is amember of the couple and whose earnings are less than �£20� , but is not awarded inrespect of the other member of the couple, and that other member is engaged inan employment–

(a) specified in paragraph 7(1), so much of the other member’s earnings aswould not when aggregated with the amount disregarded underparagraph 6A exceed �£20�;

(b) other than one specified in paragraph 7(1), so much of the othermember’s earnings from such other employment up to £5 as would notwhen aggregated with the amount disregarded under paragraph 6Aexceed �£20�.�

Words substituted inpara. 6A(1) by Sch. 2 ofS.I. 2002/2497 as from1.4 .03 .See note (a) above.






6.3539

1Words in para. 7(1)substituted by reg. 8(3)of S.I. 1993/315 asfrom 12.4.93.



2Amount substituted inpara. 7 & 8 by reg. 3 ofS.I. 2000/2545 as from9.4.01 (subject to thesaving provision in reg.4 of that S.I.).

7.—(1) In a case to which none of paragraphs �14 to 6B� applies to the claimant,�2£20� of earnings derived from one or more employments as–

(a)-(ab) �3�

�3(a) a part-time fire-fighter employed by a fire and rescue authority under the Fireand Rescue Services Act 2004 or by the Scottish Fire and Rescue Serviceestablished under section 1A of the Fire (Scotland) Act 2005;�

(b) an auxiliary coastguard in respect of coast rescue activities;(c) a person engaged part time in the manning or launching of a lifeboat;

(d) a member of any �4� reserve force prescribed in Part I of �5Schedule 6 to theSocial Security (Contributions) Regulations 2001�;

but, notwithstanding regulation 23 (calculation of income and capital ofmembers of claimant’s family and of a polygamous marriage), if this paragraph appliesto a claimant i t shall not apply to his partner except to the extentspecified in sub-paragraph (2).

(2) If the claimant’s partner is engaged in employment–

(a) specified in sub-paragraph (1) so much of his earnings as would not inaggregate with the amount of the claimant’s earnings disregarded under thisparagraph exceed �2£20�;

(b) other than one specified in sub-paragraph (1) so much of his earnings fromthat employment up to £5 as would not in aggregate with the claimant’searnings disregarded under this paragraph exceed �2£20� �4or in respect oftraining in the claimant’s first year of training as a member of a reserve forcefor a maximum of 43 days in that year.�

8. Where the claimant is engaged in one or more employments specified inparagraph 7(1) but his earnings derived from such employments are less than�2£20�in any week and he is also engaged in any other part-time employment so much of hisearnings from that other employment up to £5 as would not in aggregate with theamount of his earnings disregarded under paragraph 7 exceed �2£20�.

9. In a case to which none of paragraphs 4 to 8 applies to the claimant, £5.

�610. Notwithstanding the foregoing provisions of this Schedule, where two ormore payments of the same kind and from the same source are to be taken into accountin the same benefit week, because it has not been practicable to treat the paymentsunder regulation 31(1)(b) (date on which income treated as paid) as paid on the firstday of the benefit week in which they were due to be paid, there shall be disregardedfrom each payment the sum that would have been disregarded if the payment had beentaken into account on the date on which it was due to be paid.�

11. Any earnings derived from employment which are payable in a country outsidethe United Kingdom for such period during which there is a prohibition against thetransfer to the United Kingdom of those earnings.

12. Where a payment of earnings is made in a currency other than sterling,any banking charge or commission payable in converting that payment into sterling.

13. Any earnings which are due to be paid before the date of claim and whichwould otherwise fall to be taken into account in the same benefit week as apayment of the same kind and from the same source.

14. Any earnings of a child or young person �7�.

Para 14. is reproduced below as it was before the amdt. by S.I. 2003/455was implemented. See reg. 1 of that S.I. at page 6.7203 for details ofwhen to apply this version.

14. Any earnings of a child or young person except earnings towhich paragraph 15 applies.

7Words omitted frompara. 14 by para. 22(a)of Sch. 1 to S.I. 2003/455 as from 6.4.04.

3Paras. (a), (aa) & (ab)omitted & para. (a)inserted by reg. 4(7)(a)-(d) of S.I. 2013/2536 asfrom 30.10.13.

5Words substituted inpara. 7(1)(d) by reg.5(9) of S.I . 2006/2378as from 2.10.06.

4Words in Sch. 8 para.7(1)(d) omitted &inserted in sub-para. (2)by reg. 2(4) of S.I.2015/389 as from6.4 .15 .



(a ) 1975 c. 61; section 2 is amended by the Social Security Act 1980 (c. 30), Schedule 5, Part I;the Social Security Act 1986 (c. 50), section 70(1), and the Social Security Act 1988 (c. 7),section 4(3).

Sch. 8


6Para. 15B of Sch. 8omitted by reg. 2(d) ofS.I. 2003/1589 as from25 .10 .04 .7Para. 15C inserted byreg. 8 of S.I. 2001/488as from 9.4.01.

15. �1�


15. �2In the case of earnings of a child or young person whoalthough not receiving full-time education for the purposes ofsection 2 of the Child Benefit Act 1975(a) (meaning of “child”) isnonetheless treated for the purposes of these Regulations asreceiving relevant education and� who is engaged inremunerative work, if–

(a) an amount by way of a disabled child premium underSchedule 2 (applicable amounts) is, �3� included in thecalculation of his applicable amount and his earningcapacity is not, by reason of his disability, less than 75per cent of that which he would, but for that disabilitynormally be expected to earn, �4£20�;

(b) in any other case, £5.

�515A.—(1) Where earnings to which sub-paragraph (2) applies (in aggregate withthe claimant’s other income (if any) calculated in accordance with this part) exceedthe applicable amount (as specified in Part IV and Schedule 2) less 10 pence, theamount of those earnings corresponding to that excess.

(2) This sub-paragraph applies to earnings, in so far as they exceed the amountdisregarded under paragraph 7, derived by the claimant from employment as a memberof any territorial or reserve force prescribed in Part 1 of Schedule 6 to the ContributionsRegulations in respect of a period of annual continuous training for a maximum of 15days in any calendar year.�

15B. �6�

�715C. In the case of a person to whom paragraph (5) of regulation 6 (persons nottreated as in remunerative work) applies, any earnings.�

16. In this Schedule “part-time employment” means employment in whichthe person is not to be treated as engaged in remunerative work under regulation 5 or6 (persons treated, or not treated, as engaged in remunerative work).

1Para. 15 omitted bypara. 22(b) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

2Words substituted inpara. 15 by reg. 7 of S.I.1992/468 as from 6.4.92.

3Words in para. 15(a)omitted by reg. 2(1) of, &para. 18(b) of the Sch. toS.I. 2001/3767 as from8.4.02.4Amount substituted inpara. 15 by reg. 3 of S.I.2000/2545 as from 9.4.01(subject to the savingprovision in reg. 4 of S.I.2000/2545).5Para. 15A substitutedby reg. 4 of S.I. 2012/2575 as from 5.11.12.



Sch. 9

6.3541

(a ) Part 12ZB was inserted by s. 2 of the Employment Act 2002.(b) S.I. 1982/1086 (N.I. 6).(c) 1992 c. 7.(d) 1975 c. 15 (N.I.).(e) Section 80 was repealed by Schedule 6 to the Tax Credits Act 2002, with savings under

article 3 of S.I. 2003/938 and section 90 was repealed by Part 2 of Schedule 7 to the WelfareReform Act 2009 (c. 24), with transitional provisions under section 15(2) and (3) of thatAct.


3Words inserted in para.2 by reg. 2 of S.I. 2001/2296 as from 24.9.01.

10Para. 4A inserted byreg. 35(a) of S.I. 1988/663 as from 11.4.88.

4Words substituted inpara. 2(a) by reg. 27(a)of S.I. 1995/516 asfrom 10.4.95.

SCHEDULE 9 Regulation 40(2)

SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOMEOTHER THAN EARNINGS

1. Any amount paid by way of tax on income which is taken into accountunder regulation 40 ( calculation of income other than earnings).

�11A.Any payment in respect of any travel of other expenses incurred, or to beincurred by the claimant in respect of that claimant’s participation in �2a schemeprescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Personsto Obtain Employment) Regulations 2013� or the Mandatory Work Activity Scheme.�

2. Any payment in respect of any expenses incurred�3, or to be incurred,� by aclaimant who is–

(a) engaged by a charitable or �4voluntary organisation�; or(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and isnot to be treated as possessing any earnings under regulation 42(6) (notional income).

�52A.Any payment in respect of expenses arising out of the �6claimant participatingas a service user.��

3. In the case of employment as an employed earner, any payment in respect ofexpenses wholly, exclusively and necessarily incurred in the performance of the dutiesof the employment.

4. In the case of a payment �7under Parts 11 to� �812ZB of the Contributions andBenefits Act(a)� or any remuneration paid by or on behalf of an employer to theclaimant who for the time being is unable to work due to illness or maternity �8or whois taking paternity leave�9, adoption leave or shared parental leave��–

(a) any amount deducted by way of primary Class 1 contributions underthe Social Security Act;

(b) one-half of any sum paid by the claimant by way of a contributiontowards an occupational or personal pension scheme.

�104A. In the case of the payment of statutory sick pay under Part II of theSocial Security (Northern Ireland) Order 1982(b)�8, statutory maternity pay underPart XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(c) or a payment under any enactment having effect in Northern Ireland correspondingto a payment of �11�9� statutory paternity pay� �9, statutory adoption pay or statutoryshared parental pay��–

(a) any amount deducted by way of primary Class 1 contributions underthe Social Security (Northern Ireland) Act 1975(d);

(b) one-half of any sum paid by way of a contribution towards an occupationalor personal pension scheme.�

�125. Any housing benefit to which the claimant is entitled.�

�135A. Any guardian’s allowance.�

�135B.—(1) Any child tax credit.(2) Any child benefit.�

�14(3)Any increase in respect of a dependent child or dependent young personunder section 80 or 90(e) of the Contributions and Benefits Act where– 13Paras. 5A & 5B

inserted by Sch. 1, para.23(a) & (b) to S.I.2003/455 as from7.4.03 or later subject toreg. 1(5)(a) ibid.

8Words inserted in para.4 and substituted inpara. 4A by reg.2(6)(a)(i) & (ii) of S.I.2002/2689 as from8.12 .02 .

12Words substituted inSch. 9, paras. 5 by reg.2(7) of S.I. 2008/3157 asfrom 5.1.09.

7Words substituted inpara. 4 by reg. 2(14)(a)of S.I. 2008/698 asfrom 14.4.08.

5Para. 2A inserted inSch. 9 by reg. 2(17)(a)of S.I. 2009/2655 on orafter 26.10.09 subject toreg. 1 ibid.

14Para. 5B(3) of Sch. 9inserted by reg. 2(3)(a)of S.I. 2010/2429 asfrom 1.11.10.

1Para. 1A inserted inSch. 9 by reg. 4(9) ofS.I. 2011/1707 as from5.8 .11 .

11Words substituted inpara. 4A of Sch. 9 byreg. 3(4) of S.I. 2012/757 as from 1.4.12.

2Words in reg.51(3A)(ba) substitutedby reg. 13(b) of S.I.2013/276 as from 6.45pm on 12.2.13.

6Words in para. 2Asubstituted by reg. 2(7)of S.I. 2014/591 asfrom 28.4.14.

9Words substituted &omitted in paras. 4 &4A of Sch. 9 by art.5(6)(a) & (b) of S.I.2014/3255 as from23.2 .15 .



6.3542

(a ) Section 73ZA was inserted by the Further and Higher Education (Scotland) Act 2005 (asp 6),section 19(1).

(b) 1992 c. 37.(c) S.I. 2002/2086.

9Para. 11 substituted byreg. 5(2) of S.I. 2004/1708 as from 1.8.04where students course ofstudy begins on or afterthat date but before1.9.04, or 1.9.04 in anyother case.

8Para. 9A deleted byreg. 23(2) of S.I. 1993/2119 as from 4.10.93.

13Para. 12 deleted byreg. 12(a) of S.I. 2000/681 as from 3.4.00.


(a) the claimant has a child or young person who is a member of the claimant’sfamily for the purposes of the claimant’s claim for income support, and

(b) the claimant, or that claimant’s partner, has been awarded a child tax credit.�

6. �1The� �2mobility component of disability living allowance �3or the mobilitycomponent of personal independence payment��

7. Any concessionary payment made to compensate for the non-payment of–(a) any payment specified in �4paragraph 6, or 9�;

�1(b) income support;(c) an income-based jobseeker’s allowance; �5�

(d) an income-related employment and support allowance.� �5; or

(e) universal credit.�

8. Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.

�69. Any attendance allowance�3, the care component of disability livingallowance or the daily living component of personal independence payment.�7��

9A. �8�

10. Any payment to the claimant as holder of the Victoria Cross or GeorgeCross or any analogous payment.

�911.—(1)Any payment–(a) by way of an education maintenance allowance made pursuant to–

(i) regulations made under section 518 of the Education Act 1996;(ii) regulations made under section 49 or 73(f) of the Education (Scotland)

Act 1980;�10(iii) directions made under section 73ZA of the Education (Scotland) Act

1980(a) and paid under section 12(2)(c) of the Further and HigherEducation (Scotland) Act 1992(b); �11��

(b) corresponding to such an education maintenance allowance, made pursuantto–(i) section 14 or section 181 of the Education Act 2002; or

(ii) regulations made under section 181 of that Act�10; or(c) in England, by way of financial assistance made pursuant to section 14 of

the Education Act 2002.�

(2) Any payment, other than a payment to which sub-paragraph (1) applies, madepursuant to–

(a) regulations made under section 518 of the Education Act 1996;(b) regulations made under section 49 of the Education (Scotland) Act 1980; or

�10(c) directions made under section 73ZA of the Education (Scotland) Act 1980and paid under section 12(2)(c) of the Further and Higher Education (Scotland)Act 1992,�

in respect of a course of study attended by a child or a young person or a person whois in receipt of an education maintenance allowance �11or other payment� madepursuant to any provision specified in sub-paragraph (1).�

�1211A. Any payment made to the claimant by way of a repayment under regulation11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002(c).

12. �13�

12Para. 11A inserted byreg. 2(a) of S.I. 2002/2380 as from 14.10.02.

6Para. 9 substituted by1993/518 as from1.4 .93 .7Words in para. 9omitted by para. 9(a) ofSch. 1 to S.I. 2003/1121as from 6.10.03.

10Words substituted inSch. 9 para. 11 by reg.2(7)(d)(i) & (ii) of S.I.2008/3157 as from5.1 .09 .

4Words substituted inpara. 7(a) by reg. 15(1)of S.I. 1998/563 asfrom 6.4.98.

1Words substituted inSch. 9, paras. 6 & 7 byreg. 2(7) of S.I. 2008/3157 as from 5.1.09.2Words inserted in para.6 by reg. 11(6)(a) ofS.I. 1991/2742 as from6.4 .92 .

11Words omitted andinserted in para. 11 byreg. 7(8) of S.I. 2011/2425 as from 31.10.11.

3Words inserted &sustituted in para. 6 & 9of Sch. 9 by para. 11(7)of Sch. to S.I. 2013/388as from 8.4.13.

5Words omitted & para.7(e) inserted in para. 7by reg. 28(8) of S.I.2013/630 as from29.4 .13 .



1Para. 13 substituted byreg. 2(3)(a) of S.I.2004/565 as from1.4 .04 .

2Words substituted inpara. 13(1)(a) by reg.2(14)(b) of S.I. 2008/1554 as from 27.10.08.

�113.—(1) Any payment made pursuant to section 2 of the Employment and TrainingAct 1973(a) (functions of the Secretary of State) or section 2 of the Enterprise and NewTowns (Scotland) Act 1990(b) (functions in relation to training for employment etc.)except a payment–

(a) made as a substitute for income support, a jobseeker’s allowance, incapacitybenefit�2, severe disablement allowance or an employment and supportallowance�;

(b) of an allowance referred to in section 2(3) of the Employment and TrainingAct 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act1990;

(c) intended to meet the cost of living expenses which relate to any one or moreof the items specified in sub-paragraph (2) whilst a claimant is participatingin an education, training or other scheme to help him enhance his employmentprospects unless the payment is a Career Development Loan(c) paid pursuantto section 2 of the Employment and Training Act 1973 and the period ofeducation or training or the scheme, which is supported by that loan, hasbeen completed; or

(d) made in respect of the cost of living away from home to the extent that thepayment relates to rent for which housing benefit is payable in respect ofaccommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph(1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housingbenefit is payable, or any housing costs to the extent that they are met under regulation17(1)(e) or 18(1)(f) (housing costs), of the claimant or, where the claimant is a memberof a family, any other member of his family, or any council tax or water charges forwhich that claimant or member is liable.

(3) For the purposes of this paragraph, “ordinary clothing or footwear” meansclothing or footwear for normal daily use, but does not include school uniforms, orclothing or footwear used solely for sporting activities.�

(a ) 1973 c. 50. s. 2 was substituted by section 25(i) of the Employment Act 1988 (c. 19).(b) l990 c. 35.(c) Information about this Loan can be obtained from any Jobcentre Plus office or by

telephoning 0800-585 505.

Sch. 9







Sch. 9

6.3547

4Para. 15(6) omitted byreg. 2(1) of, & para. 19(b)of the Sch. to, S.I. 2001/3767 as from 8.4.02.


1Para. 14 deleted by reg.6(9)(b) of S.I. 1995/2303 as from 2.10.95.

14. ��1��

15.—�2(1) Subject to sub-paragraph (3) and paragraph 39, any relevant paymentmade or due to be made at regular intervals.�

(2) �2�

(3) �2Sub-paragraph (1)� shall not apply–(a) to a payment which is made by a person for the maintenance of any member

of his family or of his former partner or of his children;(b) in the case of a person to whom section 23 of the Act (trade disputes)

applies or in respect of whom section 20(3) of the Act (conditions ofentitlement to income support) has effect as modified by section 23A(b)of the Act (effect of return to work).

(4)-(5) �2�

�3(5A) In this paragraph, relevant payment” means–

(a) a charitable payment;

(b) a voluntary payment;(c) a payment (not falling within sub-paragraph (a) or (b) above) from a trust

whose funds are derived from a payment made in consequence of any personalinjury to the claimant;

(d) a payment under an annuity purchased–

(i) pursuant to any agreement or court order to make payments to theclaimant; or

(ii) from funds derived from a payment made,

in consequence of any personal injury to the claimant; or

(e) a payment (not falling within sub-paragraphs (a) to (d) above) received byvirtue of any agreement or court order to make payments to the claimant inconsequence of any personal injury to the claimant.�

(6) �4�

15A. �2�

15B. �5�

�616. Subject to paragraphs 36 and 37, £10 of any of the following, namely–

(a) a war disablement pension (except insofar as such a pension falls to bedisregarded under paragraph 8 or 9);

(b) a war widow’s pension �7or war widower’s pension�;

(c) a pension payable to a person as a �8widow, widower or surviving civilpartner� under �9� any power of Her Majesty otherwise than under anenactment to make provision about pensions for or in respect of persons whohave been disabled or have died in consequence of service as members of thearmed forces of the Crown;

�10(cc) a guaranteed income payment �11and, if the amount of that payment hasbeen abated to less than £10 by a �12pension or payment falling withinarticle 31(1)(a) or (b) of the Armed Forces and Reserve Forces (CompensationScheme) Order 2005(a)�, so much of �12that pension or payment� as wouldnot, in aggregate with the amount of �12any� guaranteed income paymentdisregarded, exceed £10�;�

(d) a payment made to compensate for the non-payment of such a pension �10orpayment� as is mentioned in any of the preceding sub-paragraphs;

(e) a pension paid by the government of a country outside Great Britain which isanalogous to any of the �10pensions or payments mentioned in sub-paragraphs (a) to (cc) above;�

3Sub-para. (5A) insertedby reg. 3(1)(d) of S.I.2002/2442 as from28 .10 .02 .

2Para. 15(1) & words insub-para. (3)substituted & paras.15(2), (4), (5) & 15Aomitted by reg.5(10)(a)-(b) of S.I.2006/2378. See reg. 1of S.I. 2006/2378 forrelevant effective dates.

7Words in reg. 16(b)inserted by reg. 2(4)(a)of S.I. 2002/841 asfrom 8.4.02.


5Para. 15B omitted by para.9(b) of Sch. 1 to S.I. 2003/1121 as from 6.10.03.

8Words substituted in para.16(c) by para. 13(8)(a) ofSch. 3 to S.I. 2005/2877 asfrom 5.12.05.9Words omitted in para.16(c) by reg. 2(7)(e)(i)of S.I. 2008/3157 asfrom 5.1.09.10Para. 16(cc) added &words inserted &substituted in paras.16(d) & (e) by reg. 2(7)of S.I. 2005/574 asfrom 4.4.05.11Words inserted in Sch. 9para. 16 by reg. 2(7)(e)(ii) of S.I. 2008/3157 asfrom 5.1.09, subject toreg. 1(2) ibid.12Words substituted in para.16(cc) by reg. 2(17)(b) ofS.I. 2009/2655 on or after26.10.09 subject to reg. 1ibid.

(a ) S.I. 2005/439.




(a ) S. 39A was inserted by s. 55(2) of the Welfare Reform and Pensions Act 1999 (c. 30).(b) 1988 c. 1.

�1(f) a pension paid by a government to victims of National Socialist persecution;��2(g) any widowed mother’s allowance paid pursuant to section 37 of the

Contributions and Benefits Act;

(h) any widowed parent’s allowance paid pursuant to section 39A of theContributions and Benefits Act(a).�

17. Where a claimant receives income under an annuity purchased with aloan which satisfies the following conditions–

(a) that the loan was made as part of a scheme under which not less than 90 percent of the proceeds of the loan were applied to the purchase by the person towhom it was made of an annuity ending with his life or with the life of thesurvivor of two or more persons (in this paragraph referred to as “theannuitants”) who include the person to whom the loan was made;

(b) that the interest on the loan is payable by the person to whom it was made orby one of the annuitants;

(c) that at the time the loan was made the person to whom it was made or each ofthe annuitants had attained the age of 65 �3or, if it was higher at that time,pensionable age�;

(d) that the loan was secured on a dwelling in Great Britain and the person towhom the loan was made or one of the annuitants owns an estate or interestin that dwelling; and

(e) that the person to whom the loan was made or one of the annuitants occupiesthe accommodation on which it was secured as his home at the time theinterest is paid,

the amount, calculated on a weekly basis equal to–

�4(i) where, or insofar as, section 369 of the Income and CorporationTaxes Act 1988 (mortgage interest payable under deduction oftax)(b) applies to the payments of interest on the loan, the interest whichis payable after deduction of a sum equal to income tax on such paymentsat the applicable percentage of income tax within the meaning of section369(1A) of that Act;�

(ii) in any other case the interest which is payable on the loan withoutdeduction of such a sum.

�518. Any payment made to the claimant by a person who normally resideswith the claimant, which is a contribution towards that person’s living andaccommodation costs, except where that person is residing with the claimant incircumstances to which paragraph 19 or 20 refers.�

�619. Where the claimant occupies a dwelling as his home and the dwelling is alsooccupied by �5another person� and there is a contractual liability to make paymentsto the claimant in respect of the occupation of the dwelling by that person or a memberof his family–

(a) £4 of the aggregate of any payments made in respect of any one week inrespect of the occupation of the dwelling by that person or a member of hisfamily, or by that person and a member of his family; and

(b) a further �7£15.45�, where the aggregate of any such payments is inclusiveof an amount for heating.�

�820. Where the claimant occupies a dwelling as his home and he provides inthat dwelling board and lodging accommodation, an amount, in respect of each personfor whom such accommodation is provided for the whole or any part of a week, equalto–

2Sub-paras. (g) and (h)added to para. 16 byreg. 2(4) of S.I. 2000/2239 as from 9.4.01.

4Head (i) of para. 17(e)substituted by reg.32(2) of S.I. 1994/2139as from 3.10.94.

5Para. 18 & words inpara. 19 substituted byreg. 27(c) & (d) of S.I.1995/516 as from10.4 .95 .6Para. 19 substituted byreg. 9 of S.I. 1994/527as from 1l.4.94.

7Amount £15.45 in para.19(b) substituted for£11.95 by art. 16(9) ofS.I. 2007/688 as from9.4 .07 .8Para. 20 substituted byreg. 9 of S.I. 1994/527as from 1l.4.94.

1Sch. 9, para. 16(f)substituted by reg. 2 ofS.I. 2017/174 as from20.3 .17 .

3Words inserted in para.17(c) of Sch. 9 by reg.2(3) of S.I . 2017/1187as from 6.12.18.



Sch. 9

6.3549

2Words substituted inpara. 21(1) & para.21(3) added by reg.3(12) of S.I . 2000/636as from 3.4.00.


(a) where the aggregate of any payments made in respect of any one week inrespect of such accommodation provided to such person does notexceed £20.00 100% of such payments; or

(b) where the aggregate of any such payments exceeds £20.00, £20.00 and 50%of the excess over £20.00. �

�121.—(1) �2Subject to sub-paragraphs (2) and (3)�, except where �2regulation40(4)(b) (provision of support under section 95 or 98 of the Immigration and AsylumAct including support provided by virtue of regulations made under Schedule 9 tothat Act in calculation of income other than earnings) or� regulation 42(4)(a)(i)(notional income) applies or in the case of a person to whom section 23 of the Act(trade disputes) applies, any income in kind;

(2) The exception under sub-paragraph (1) shall not apply where the incomein kind is received from the Macfarlane Trust�3, the Macfarlane (SpecialPayments) Trust��4, the Macfarlane (Special Payments) (No. 2) Trust��5, the Fund��6,the Eileen Trust��7, MFET Limited��8, the Skipton Fund, the Caxton Foundation��9,the Scottish Infected Blood Support Scheme��10, an approved blood scheme��11,the London Emergencies Trust, the We Love Manchester Emergency Fund� �12or�13the Independent Living �14Fund (2006)��.

�2(3) The first exception under sub-paragraph (1) shall not apply where the claimantis the partner of a person subject to immigration control and whose partner is receivingsupport provided under section 95 or 98 of the Immigration and Asylum Act includingsupport provided by virtue of regulations made under Schedule 9 to that Act and theincome in kind is support provided in respect of essential living needs of the partnerof the claimant and his dependants (if any) as is specified in regulations made underparagraph 3 of Schedule 8 to the Immigration and Asylum Act.�

�15(4)The reference in sub-paragraph (1) to “income in kind” does not include apayment to a third party made in respect of the claimant which is used by the thirdparty to provide benefits in kind to the claimant.�

22.—(1) Any income derived from capital to which the claimant is or is treatedunder regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph l, 2, 4, 6�1612 or 25 to 28� of Schedule 10.

(2) Income derived from capital disregarded under paragraph 2 �164 or 25 to 28� ofSchedule 10 but �17only to the extent of–

(a) any mortgage repayments made in respect of the dwelling or premises in theperiod during which that income accrued; or

(b) any council tax or water charges which the claimant is liable to pay in respectof the dwelling or premises and which are paid in the period during whichthat income accrued.�

�17(3)The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respectof the dwelling which a person occupies as his home”.�

23. Any income which is payable in a country outside the United Kingdom for suchperiod during which there is prohibition against the transfer to the United Kingdom ofthat income.

24. Where a payment of income is made in a currency other than sterling, anybanking charge or commission payable in converting that payment into sterling.

25.—(1) Any payment made to the claimant in respect of a child or young personwho is a member of his family– 16Words substituted in

para. 22(1) & (2) by reg.25(a) of S.I. 1988/l445 asfrom 12.9.88.17Words substituted inpara. 22(2) & sub-para. (3)added by reg. 9(2) & (3) ofS.I. 1993/3l5 as from1.4.93 in relation tocouncil tax or council taxbenefit , 12.4.93 otherwise.

3Words inserted in para.21(2) by reg. 3(3)(e) ofS.I. 1990/127 as from31.1 .90 .4Words inserted in para.21(2) by reg. 5(7)(a) ofS.I. 1991/1175 as from11.5 .91 .5Words inserted in para.21(2) by reg. 6(7)(a) ofS.l. 1992/1101 as from7.5 .92 .6Words inserted in para.21(2) by reg. 4(4)(a) ofS.I. 1993/l249 as from14.5 .93 .

1Para. 21 substituted byreg. 35(d) of S.l. 1988/663 as from 11.4.88.

15Para. 21(4) inserted byreg. 2(8)(a) of S.I. 2005/2465 as from 3.10.05.

14Words in para. 21(2)substituted by reg.2(6)(f) of S.I. 2008/2767 as from 17.11.08.

13Words substituted inpara. 21(2) by reg. 2(3)of S.I. 1993/963 as from22.4 .93 .

7Words inserted in para.21(2) by reg. 2(3)(f) ofS.I. 2010/641 as from1.4 .10 .

12Words in para. 21(2)inserted by reg. 5(d) ofS.l. 1988/999 as from9.6 .88 .

8Words inserted in para.21(2) by reg. 7(5) of S.I.2011/2425 as from31 .10 .11 .9Words in para. 21(2) ofSch. 9 inserted by reg.3(3)(e) of S.I. 2017/329as from 3.4.17.

11Words in para. 21(2) ofSch. 9 inserted by reg.2(3)(e) of S.I. 2017/689as from 19.6.17.





�1(a) �2pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption andChildren Act 2002(a) or in accordance� with a scheme approved by the�3Scottish Ministers under Section 51A� of the Adoption (Scotland) Act1978(b) (schemes for payment of allowances to adopters) �3or in accordancewith an adoption allowance scheme made under section 71 of the Adoptionand Children (Scotland) Act 2007 (adoption allowance schemes)�;�

�4(b) �5�;��6(ba) which is a payment made by a local authority in Scotland in pursuance of

section 50 of the Children Act 1975(c) (payments towards maintenance ofchildren);�

(c) which is a payment made by the local authority in pursuance of section 15(1)of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authoritycontribution of a child’s maintenance where the child is living with a personas a result of a residence order);

(d) which is a payment made by an authority, as defined in Article 2 of theChildren Order, in pursuance of Article 15 of, and paragraph 17 of Schedule1 to, that Order (contribution by an authority to child’s maintenance);�

�7(e) in accordance with regulations made pursuant to section 14F of the ChildrenAct 1989 (special guardianship support services);�

25. �8�Para 25(1) is reproduced below as it was before the amdt. by S.I. 2003/455 was implemented. See reg. 1 of that S.I. at page 6.7203 for details ofwhen to apply this version.

25.—(1)Any payment made to the claimant in respect of a childor young person who is a member of his family–

�9(a) in accordance with regulations made pursuant to section57A of the Adoption Act 1976(a) (permitted allowances)�10or paragraph 3 of Schedule 4 to the Adoption andChildren Act 2002(b)� or with a scheme approved by theSecretary of State under section 51 of the Adoption(Scotland) Act 1978(c) (schemes for payment of allowancesto adopters);�

�11(b) which is a payment made by a local authority in pursuanceof section 34(6) or, as the case may be, section 50 of theChildren Act 1975 (contributions towards the cost of theaccommodation and maintenance of a child);

(c) which is a payment made by the local authority inpursuance of section 15(1) of, and paragraph 15 ofSchedule 1 to, the Children Act 1989 (local authoritycontribution of a child’s maintenance where the child isliving with a person as a result of a residence order);

(d) which is a payment made by an authority, as defined inArticle 2 of the Children Order, in pursuance of Article 15of, and paragraph 17 of Schedule 1 to, that Order(contribution by an authority to child’s maintenance);�

to the extent specified in sub-paragraph (2).

(a) 1976 c. 36; s. 57A was introduced by the Children Act 1989 (c.41), Sch. 10, para. 25.

(b) 2002 c. 38.

(c) 1978 c. 28.

�2(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies,made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of theAdoption and Children Act 2002.�

(2) �12�This paragraph continues to be reproduced as it remains in force incertain cases. See reg. 1 of S.I. 2003/455 at page 6.7203 for details ofwhen to apply this version.

(2) In the case of a child or young person–

(a) to whom regulation 44(5) (capital in excess of £3,000)applies, the whole payment;

8Words omitted frompara. 25(1) by para.23(c) of Sch. 1 to S.I.2003/455 as from6.4 .04 .

12Para. 25(2) omitted bypara. 23(c) of Sch. 1 toS.I. 2003/455 as from6.4 .04 .

9Head (a) of para. 25(1)substituted by para. 9(a)of Sch. to S.I. 1992/468 asfrom 6.4.92.10Words inserted in para.25(1)(a) and (1A) insertedby reg. 2(4)(a) of S.I.2003/2279 as from1.10.03.11Head (b) substituted byreg. 15(2) of S.I. 1998/563as from 6.4.98.

7Sub-para (e) inserted inpara. 25(1) by reg.4(4)(a) of S.I. 2004/2308 as from 4.10.04.

1Head (a) of para. 25(l)substituted by para. 9(a)of Sch. to S.I. 1992/468as from 6.4.92.2In para. 25, wordssubstituted in sub-para.(1)(a) & sub-para. (1A)substituted by reg.2(8)(b) & (c) of S.I.2005/2465 as from30 .12 .05 .

4Head (b) substituted byreg. 15(2) of S.I. 1998/563 as from 6.4.98.5Words deleted &substituted in Sch. 9para. 25(1) by reg.2(7)(f) of S.I. 2008/3157 as from 5.1.09.6Para. 25(1)(ba) insertedby reg. 2(17)(c) of S.I.2009/2655 on or after26.10.09 subject to reg.1 ibid.

(a ) 2002 c. 38.(b) 1978 c. 28.(c) 1975 c. 72. The Children Act 1975 was revoked by the Children Act 1989 (c. 41), except as

saved by Schedule 14 of the Children Act 1989.

3Words inserted in para.25(1)(a) by para. 9(3)of Sch. 1 to S.I. 2011/1740 as from 15.7.11.



6.3551

2Para. 26 of Sch. 9substituted by reg.2(3)(b) of S.I. 2010/2429 as from 1.11.10.

(a ) S.I. 2009/210.(b) 1948 c. 29; section 26(3A) was inserted by section 42(4) of the National Health Service and

Community Care Act 1990 (c. 19).



9Sub-paras. 27(da) &(db) inserted & sub-para. 27(e) omitted bypara. 10(3) of Sch. 2 toS.I. 2013/235 as from1.4 .13 .

(b) to whom that regulation does not apply, so much of theweekly amount of the payment as exceeds the applicableamount in respect of that child or young person andwhere applicable to him any amount by way of a disabledchild premium.

�125A. In the case of a claimant who has a child or young person–

(a) who is a member of his family, and(b) who is residing at an educational establishment at which he is receiving

relevant education.

any payment made to that educational establishment, in respect of that child or youngperson’s maintenance by or on behalf of a person who is not a member of the family orby a member of the family out of funds contributed for that purpose by a person whois not a member of the family.�

�226. Any payment made to the claimant with whom a person is accommodated byvirtue of arrangements made–

(a) by a local authority under–�3(i) section 22C(2) of the Children Act 1989 (ways in which looked after

children are to be accommodated and maintained);�

�4(ia) section 81(2) of the Social Services and Well-being (Wales) Act 2014(ways in which looked after children are to be accommodated andmaintained);�

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision ofaccommodation to child looked after by local authority), or

(iii) regulation 33 or 51 of the Looked After Children (Scotland) Regulations2009(a) (fostering and kinship care allowances and fostering allowances);or

(b) by a voluntary organisation under section 59(1)(a) of the Children Act 1989(provision of accommodation by voluntary organisations).�

27. �5Any payment made to the claimant or his partner for a person (“the personconcerned”), who is not normally a member of the claimant’s household but istemporarily in his care, by–

(a) a health authority;(b) a local authority �6but excluding payments of housing benefit made in respect

of the person concerned�;

(c) a voluntary organisation; or(d) the person concerned pursuant to section 26(3A) of the National Assistance

Act 1948(b);��7(dza) the person concerned where the payment is for the provision of

accommodation in respect of the meeting of that person’s needs under section18 or 19 of the Care Act 2014 (duty and power to meet needs for care andsupport);�

�8(dzb) the person concerned where the payment is for the provision ofaccommodation to meet that person’s needs for care and support under section35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty andpower to meet care and support needs of an adult);�

�9(da) a clinical commissioning group established under section 14D of the NationalHealth Service Act 2006;

(db) the National Health Service Commissioning Board; or�(e) �9�

�10(f) a Local Health Board established under section 16BA of the National HealthService Act 1977 or established by an order made under section 11 of theHealth Service (Wales) Act.�

1Para. 25A inserted bypara. 23(d) of Sch. 1 toS.I. 2003/455 as from6.4.04 or later subject toreg. 1 ibid.

6Words inserted in para.27(b) by reg. 3(5)(c) ofS.I. 2005/574 as from4.4 .05 .

3Para. 26(a)(i) of Sch. 9substituted by art. 20(3)of S.I. 2017/901 asfrom 3.11.17.4Para. 26(a)(ia) of Sch.9 inserted by art.2(5)(a) of S.I. 2017/901as from 3.11.17.

8Para. 27(dzb) of Sch. 9inserted by art. 2(5)(b) ofS.I. 2017/901 as from3.11 .17 .

7Para. 27(dza) of Sch. 9inserted by para. 5(3)(a)of the Sch. to S.I. 2015/643 as from 1.4.15.

10Sch. 9 para. 27inserted by reg.2(7)(g)(iii) of S.I. 2008/3157 as from 5.1.09.




�127A. Any payment made to a claimant under section 73(1)(b) of the Ch8ildrenand Young People (Scotland) Act 2014 (kinship care assistance).�

�228.—(1)Any payment made by a local authority in accordance with–

(a) section 17, 23B, 23C or 24A of the Children Act 1989(a)(b) section 12 of the Social Work (Scotland) Act 1968(b); �3�

(c) section �422� �526A, 29� or 30 of the Children (Scotland) Act �31995(c), or

(d) the following sections of the Social Services and Well-being (Wales) Act2014–

(aa) section 37 or 38, but excluding any direct payment made in accordance withregulations made under section 51 of that Act; or

(bb) section 109, 110, 114 or 115.�

(2) Any payment (or part of a payment) made by a local authority in accordancewith section 23C of the Children Act 1989 or section �422�5, 26A or 29 of the Children(Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty toprovide continuing care and provision of advice and assistance for certain youngpersons)� to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person–

(a) to whom section 126 of the Contributions and Benefits Act (trade disputes)applies, or

(b) in respect of whom section 124(1) of the Contributions and Benefits Act(conditions of entitlement to income support) has effect as modified bysection 127 of that Act (effect of return to work).

(5) Sub-paragraph (2) applies only where A–

(a) was formerly in the claimant’s care, and

�6(b) is aged 18 or over or, in the case of a payment or part of a payment made inaccordance with section 26A of the Children (Scotland) Act 1995, aged 16or over, and�

(c) continues to live with the claimant.�

�729.—(1)Subject to sub-paragraph (2), any payment received under an insurancepolicy, taken out to insure against the risk of being unable to maintain repayments ona loan which qualifies under paragraph 15 or 16 of Schedule 3 (housing costs inrespect of loans to acquire an interest in a dwelling, or for repairs and improvements tothe dwelling, occupied as the home) and used to meet such repayments, to the extentthat it does not exceed the aggregate of–

(a) the amount, calculated on a weekly basis, of any interest on that loan whichis in excess of the amount met in accordance with Schedule 3 (housing costs);

(b) the amount of any payment, calculated on a weekly basis, due on the loanattributable to the repayment of capital; and

(c) any amount due by way of premiums on–

(i) that policy, or

(ii) a policy of insurance taken out to insure against loss or damage to any buildingor part of a building which is occupied by the claimant as his home.

(2) This paragraph shall not apply to any payment which is treated aspossessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).

Sch. 9

7Paras. 29 and 30substituted by Sch. 3 toS.I. 1995/1613 as from2.10 .95 .

(a ) 1989 c. 41. Section 23B and 23C were inserted by section 2(1) and (4) of the Children(Leaving Care) Act 2000 (c. 35). Section 24A was substituted by section 4(1) of the Children(Leaving Care) Act 2000.

(b) 1968 c. 49.(c) 1995 c. 36.

2Para. 28 substituted byreg. 2(14)(b) of S.I.2008/698 on or after7.4.08, subject to reg.1(2) ibid.

4Words inserted in para.28(1)(c) & (2) by reg.2(3)(c) of S.I. 2010/2429 as from 1.11.10.5Words in para. 28(1)(c)& (2) substituted bypara. 2(2)(a) & (b) ofS.I. 2016/732 as from5.8 .16 .

3Words omitted,substituted & inserted inSch. 9 para. 28 by art.2(5)(c) of S.I. 2017/901as from 3.11.17.

6Words substituted inSch. 9 para. 28(5)(b) byreg. 2(2)(c) of S.I.2016/732 as from5.8 .16 .




2Words substituted inpara. 30(1)(d)(i) by reg.6 of S.I. 1995/2927 asfrom 12.12.95.

1Words inserted in para.30 by reg. 4 of S.I.1998/1173 as from1.6.98 or from the firstday of the first benefitweek.

6Para. 30ZA inserted byreg. 4 of S.I. 1998/1173as from 1.6.98 or fromthe first day of the firstbenefit week.

3Words in para. 30(1)(e)substituted by reg. 2(1)of, & para. 19(e) of theSch. to, S.I. 2001/3767as from 8.4.02.4Words inserted in Sch.9 para. 30(1)(e) bypara. 5(3)(b) of the Sch.to S.I. 2015/643 as from1.4 .15 .

30.—(1) Except where paragraph 29 �1or 30ZA� applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and isused as a contribution towards–

(a) any payment due on a loan if secured on the dwelling occupied as the homewhich does not qualify under Schedule 3 (housing costs);

(b) any interest payment or charge which qualifies in accordance with paragraphs15 to 17 of Schedule 3 to the extent that the payment or charge is not met;

(c) any payment due on a loan which qualifies under paragraph 15 or 16 ofSchedule 3 attributable to the payment of capital;

(d) any amount due by way of premiums on–

(i) �2an insurance policy taken out to insure against the risk of being unableto make the payments referred to in (a) to (c) above;� or

(ii) a policy of insurance taken out to insure against loss or damage to anybuilding or part of a building which is occupied by the claimant as hishome.

(e) his rent in respect of the dwelling occupied by him as his home but only tothe extent that it is not met by housing benefit; or his accommodation chargebut only to the extent that the actual charge �3exceeds� the amount payableby a local authority in accordance with Part III of the National Assistance Act1948 �4or Part 1 of the Care Act 2014 (care and support)� �5or Part 4 of theSocial Services and Well-being (Wales) Act 2014 (meeting needs) other thanany direct payment made in accordance with regulations made under section50 or 52 of that Act.�

(2) This paragraph shall not apply to any payment which is treated aspossessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).�

�630ZA.—(1) Subject to sub-paragraph (2), any payment received under an insurancepolicy, other than an insurance policy referred to in paragraph 29, taken out to insureagainst the risk of being unable to maintain repayments under a regulated agreementas defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchaseagreement or a conditional sale agreement as defined for the purposes of Part III of theHire-Purchase Act 1964.

(2) A payment referred to in sub-paragraph (1) shall only be disregarded to theextent that the payment received under that policy does not exceed the amounts,calculated on a weekly basis, which are used to–

(a) maintain the repayments referred to in sub-paragraph (1); and

(b) meet any amount due by way of premiums on that policy.�

5Words inserted in Sch.9 para. 30(1)(e) by art.2(5)(d) of S.I . 2017/901as from 3.11.17.


Sch. 9






6.3557

(a ) 1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule23, paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act1973 (c. 32), Schedule 4, paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15,paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1, Part I, paragraph 5; and theNational Health Service and Community Care Act 1990 (c. 19), section 42(1), Schedule 9,paragraph 5(l) and (2) and Schedule 10. Section 22 was amended by the Social Work(Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9, Part I; the SupplementaryBenefits Act 1976 (c. 71), Schedule 7, paragraph 3; the Housing (Homeless Persons) Act1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4,paragraph 2(1) and Schedule 5, Part II; the Health and Social Services and Social SecurityAdjudications Act 1983 (c. 41), section 20(l)(a), and the National Health Service andCommunity Care Act 1990, section 44, Schedule 10. Section 24 was amended by theNational Assistance (Amendment) Act 1959 (c. 30), section l(l); the National Health Service(Scotland) Act 1972 (c. 58), Schedule 6, paragraph 82; the Local Government Act 1972(c. 70), Schedule 23, paragraph 2; the National Health Service Reorganisation Act 1973(c. 32), Schedule 4, paragraph 45; the Housing (Homeless Persons) Act 1977 (c. 48),Schedule, and the National Health Service and Community Care Act 1990, Schedule 9,paragraph 5(4). Section 26 was amended by the Health Services and Public Health Act 1968(c. 46), section 44 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), Schedule 9,Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23,paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Health andSocial Services and Social Security Adjudications Act 1983 (c. 4l), section 20(1)(b), theNational Health Service and Community Care Act 1990, section 42(3) to (5), Schedule 9,paragraph 5(5), and Schedule 10, and section l of the Community Care (ResidentialAccommodation) Act 1992 (c. 49).

1Para. 30A inserted byreg. 23(6) of S.I. 1993/2119 as from 4.10.93.2Words in para. 30Asubstituted & insertedby para. 12(b) of Sch. 1to S.I. 2005/2687 asfrom 24.10.05.


8Para. 31 substituted byreg. 8(2) of S.l. 1992/468 as from 6.4.92.

6Words omitted in para.30A(2) & para.30A(3)(a) substituted byreg. 2(1) of, & para.19(f) of the Sch. to, S.I.2001/3767 as from8.4 .02 .

�130A.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant�2residing in a care home, an Abbeyfield Home or an independent hospital�, anypayment, �3except a charitable or voluntary payment disregarded under paragraph 15� �4�made to the claimant which is intended to be used and is used to meet the cost ofmaintaining the claimant in that home �2or hospital�.

(2) This paragraph shall not apply to a claimant for whom accommodation in a�2care home, an Abbeyfield Home or an independent hospital� is provided by–

�5(a) a local authority under section 26 of the National Assistance Act 1948(a);�6� or

(b) a person other than a local authority under arrangements made with the personby a local authority in the exercise of the local authority’s functions undersection 18 or 19 of the Care Act 2014 (duty and power to meet needs for careand support)� �7or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of anadult)�

(3) The amount to be disregarded under this paragraph shall not exceed thedifference between–

�7(a) the claimant’s applicable amount; and�

(b) the weekly charge for the accommodation�

�831. Any social fund payment made pursuant to �9Part 8 of the Contributions andBenefits Act�.�

�1031A. Any local welfare provision.�

32. Any payment of income which under regulation 48 (income treated as capital)is to be treated as capital.

33. Any payment under �9Part 10 of the Contributions and Benefits Act� (pensioner’sChristmas bonus).

34. In the case of a person to whom section 23 of the Act (trade disputes) applies andfor so long as it applies, any payment up to the amount of the relevant sum within themeaning of subsection 6 of that section made by a trade union; but, notwithstandingregulation 23 (calculation of income and capital of members of claimant’s family andof a polygamous marriage) if this paragraph applies to a claimant it shall not apply tohis partner except where, and to the extent that, the amount to be disregarded underthis paragraph is less than the relevant sum.

4Words omitted in para.30A by reg. 5(10)(d) ofS.I. 2006/2378. See reg.1 of S.I. 2006/2378 forrelevant effective dates.

3Words substituted in30A(1) by reg. 2(9) ofS.I. 2007/719 as from2.4 .07 .

9Words substituted inSch. 9 paras. 31 & 33by reg. 2(7)(h) & (i) ofS.I. 2008/3157 as from5.1 .09 .10Para. 31A inserted byreg. 2(5)(a) of S.I.2013/443 as from4.3 .13 .

5Para. 30A(2) of Sch. 9renumbered with30A(2)(a) & 30A(2)(b)inserted by para. 5(3)(c)of the Sch. to S.I. 2015/643 as from 1.4.15.

7Words inserted in sub-para. 2(b) by art.2(5)(e) of S.I. 2017/901as from 3.11.17.



6Para. 39 substituted byreg. 5(7)(b) of S.I.1991/1175 as from11.5 .91 .

Sch. 9


1Words inserted in para.36 by reg. 5(4) of S.I.1990/l657 as from1.9 .90 .

3Words substituted inpara. 36 by reg.5(10)(e) of S.I. 2006/2378. See reg. 1 of S.I.2006/2378 for relevanteffective dates.4Amount substituted inpara. 36 by reg. 8(a) ofS.I. 1996/462 as from8.4 .96 .5Para. 38 omitted byreg. 4(6) of S.I. 2005/3360 as from 10.4.06 orlater subject to reg. 1(c)on page 3.4081 ibid.

2Words inserted in para.36 by reg. 2(9) of S.I.2000/1922 as from1.8 .00 .

35. Any payment which is due to be paid before the date of claim which wouldotherwise fall to be taken into account in the same benefit week as a payment of thesame kind and from the same source.

36. The total of a claimant’s income or, if he is a member of a family, the family’sincome and the income of any person which he is treated as possessing under regulation23(3) (calculation of income and capital of members of claimant’s family and of apolygamous marriage) to be disregarded under regulation 63(2)(b) and 64(1)(c)(calculation of covenant income where a contribution assessed)�1, regulation 66A(2)(treatment of student loans)��2, regulation 66B(3) (treatment of payments from accessfunds)� and �3paragraph 16� shall in no case exceed �4£20� per week.

37. Notwithstanding paragraph 36 where two or more payments of the same kindand from the same source are to be taken into account in the same benefit week, thereshall be disregarded from each payment the sum which would otherwise fall to bedisregarded under this Schedule; but this paragraph shall only apply in the case of apayment which it has not been practicable to treat under regulation 31(1)(b) (date onwhich income treated as paid) as paid on the first day of the benefit week in which itis due to be paid.

38. �5�

�639.—(1) Any payment made under�7, or by� the Macfarlane Trust, the Macfarlane(Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“theTrusts”), �8the Fund��9, the Eileen Trust��7, MFET Limited��10, the Skipton Fund, theCaxton Foundation��11, the Scottish Infected Blood Support Scheme��12, anapproved blood scheme� �13, the London Emergencies Trust, the We Love ManchesterEmergency Fund� or �14the Independent Living �15Fund (2006)��.

(2) Any payment by or on behalf of a person who is suffering or who suffered fromhaemophilia �8or who is or was a qualifying person�, which derives from a paymentmade under �7or by� any of the Trusts to which sub-paragraph (1) refers and which ismade to or for the benefit of–

(a) that person’s partner or former partner from whom he is not, or where thatperson has died was not, estranged or divorced �16or with whom he hasformed a civil partnership that has not been dissolved or, where that personhas died, had not been dissolved at the time of that person’s death�;

(b) any child who is a member of that person’s family or who was such a memberand who is a member of the claimant’s family; or

(c) any young person who is a member of that person’s family or who was such amember and who is a member of the claimant’s family.

(3) Any payment by or on behalf of the partner or former partner of a person who issuffering or who suffered from haemophilia �8or who is or was a qualifying person�provided that the partner or former partner and that person are not, or if either of themhas died were not, estranged or divorced �16or, where the partner or former partner andthat person have formed a civil partnership, the civil partnership has not been dissolvedor, if either of them has died, had not been dissolved at the time of the death�, whichderives from a payment made under �7or by� any of the Trusts to which sub-paragraph(1) refers and which is made to or for the benefit of–

(a) the person who is suffering from haemophilia �8or who is a qualifyingperson�;



(4) Any payment by a person who is suffering from haemophilia �8or who is aqualifying person�, which derives from a payment under any �7or by� of the Trusts towhich sub-paragraph (1) refers, where–

(a) that person has no partner or former partner from whom he is not estranged ordivorced �16or with whom he has formed a civil partnership that has not beendissolved�, nor any child or young person who is or had been a member ofthat person’s family; and

(b) the payment is made either–(i) to that person’s parent or step-parent, or

16In para. 39 wordsinserted in sub-paras.(2)(a), (3) & (4)(a) bypara. 13(8)(b) of Sch. 3to S.I. 2005/2877 as from5.12 .05 .

15Words in para. 39(1)substituted by reg.2(6)(f) of S.I. 2008/2767 as from 17.11.08.

7Words inserted in para.39(1) to (4) by reg. 2(3)(f) & (7)(e) of S.I. 2010/641 as from 1.4.10.

14Words substituted inpara. 39(1) by reg. 2(3)and (4) of S.I. 1993/963as from 22.4.93

9Words inserted in para.39(l) by reg. 4(4)(b)(i)of S.I. 1993/1249 asfrom 14.5.93.

8Words inserted in para.39(l)-(4) by reg.6(7)(b) of S.I. 1992/l101 as from 7.5.92.

10Words inserted in para.39(1) by reg. 7(5) ofS.I. 2011/2425 as from31 .10 .11 .11Words in para. 39(1) ofSch. 9 inserted by reg.3(3)(e) of S.I. 2017/329as from 3.4.17.





Sch. 9


1Words substituted inpara. 39(4)(b)(ii) and(5)(b)(ii) by reg. 5(5)of S.I. 2000/1981 asfrom 31.7.00.

5Words in para. 39(7)substituted by reg.3(4)(a) of S.I. 2004/2308 as from 4.10.04.6Words substituted inpara. 39(7) by reg. 2(4)of S.I. 2005/3391 asfrom 12.12.05.

(a ) 1992 c. 14.

2Words inserted intopara. 39(5) and sub-para. (7) added by reg.6(7)(b) of S.I. 1992/1101 as from 7.5.92.

14Para. 44 deleted by para.5(3) of Sch. to S.I.1993/315 as from 1.4.93.

(ii) where that person at the date of the payment is a child, a youngperson or a �1full-time student� who has not completed his full-timeeducation and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from thatperson’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia �2orwho was a qualifying person�, which derives from a payment under �3or by� any ofthe Trusts to which sub-paragraph (1) refers, where–

(a) that person at the date of his death (the relevant date) had no partner orformer partner from whom he was not estranged or divorced �4or with whomhe had formed a civil partnership that had not been dissolved�, nor anychild or young person who was or had been a member of his family; and


(ii) where that person at the relevant date was a child, a young person or a�1full-time student� who had not completed his full-time education andhad no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in thisparagraph is made, any income which derives from any payment of income or capitalmade under or deriving from any of the Trusts.

�2(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shallbe construed as including a reference to the Fund�5, the Eileen Trust�3, MFETLimited��6, the Skipton Fund�7, the Caxton Foundation��8, the Scottish InfectedBlood Support Scheme��9, an approved blood scheme��10, the LondonEmergencies Trust, the We Love Manchester Emergency Fund� or the LondonBombings Relief Charitable Fund��

�1140. Any payment made by the Secretary of State to compensate for the loss(in whole or in part) of entitlement to housing benefit.�

41.-42. �12�

�1343. Any payment made to a juror or a witness in respect of attendance at acourt other than compensation for loss of earnings or for the loss of a benefit payableunder the benefit Acts.

44. �14��

45. �15�.

�1246. Any payment in consequence of a reduction of council tax under section13�16, 13A� or 80 of the Local Government Finance Act 1992(a) (reduction of liabilityfor council tax).�

4Words inserted in para.39(5)(a) by para.13(8)(b)(iv) of Sch. 3to S.I. 2005/877 as from5.12 .05 .

13Paras. 43 to 44 addedto Sch. 9 by reg. 22(b)of S.I. 1988/2022 asfrom 12.12.88.

12Paras. 41 & 42 omitted& para. 46 substitutedby reg. 2(14)(c) & (d)of S.I. 2008/698 asfrom 14.4.08.


3Words inserted in para.39(5) & (7) by reg.2(3)(f) & (7) of S.I.2010/641 as from1.4 .10 .

11Para. 40 inserted by reg.25(d) of S.I. 1988/l445 asfrom 12.9.88.


16Words inserted in para.46 by reg. 2(5)(b) ofS.I. 2013/443 as from4.3 .13 .


10Words in para. 39(7)of Sch. 9 inserted byreg. 2(3)(e) of S.I.2017/689 as from19.6 .17 .




3Para. 50 added to Sch.9 by reg. 10(b) of S.I.1990/1776 as from1.10 .90 .

6Para. 51 added to Sch.9 by reg. 8(3) of S.I.1992/468 as from6.4 .92 .

Sch. 9

6.3560 (–6.3564)

(a ) S.I. 2003/2382.(b) S.I. 2007/1104.(c) S.S.I 2003/460.(d) 1988 c. 7.(e) 1944 c. 10.


47. �1�

�248.—(1) Any payment or repayment made–(a) as respects England, under regulation 5, 6 or 12 of the National Health Service

(Travel Expenses and Remission of Charges) Regulations 2003(a) (travellingexpenses and health service supplies);

(b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service(Travelling Expenses and Remission of Charges) (Wales) Regulations 2007(b)(travelling expenses and health service supplies);

(c) as respects Scotland, under regulation 3, 5 or 11 of the National HealthService (Travelling Expenses and Remission of Charges) (Scotland) (No. 2)Regulations 2003(c) (travelling expenses and health service supplies).

(2) Any payment or repayment made by the Secretary of State for Health, the ScottishMinisters or the Welsh Ministers which is analogous to a payment or repaymentmentioned in sub-paragraph (1).

49. Any payment made to such persons entitled to receive benefits as may bedetermined by or under a scheme made pursuant to section 13 of the Social SecurityAct 1988(d) in lieu of vouchers or similar arrangements in connection with theprovision of those benefits (including payments made in place of healthy start vouchers,milk tokens or the supply of vitamins).�

�350. Any payment made either by the Secretary of State for �4Justice� or by the�5Scottish Ministers� under a scheme established to assist relatives and other personsto visit persons in custody.�

�651. Any payment (other than a training allowance) made, whether by theSecretary of State or by any other person, under the Disabled Persons (Employment)Act 1944(e) �7� to assist disabled persons to obtain or retain employment despitetheir disability.�

�852. Any council tax benefit.

53.—(1) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of theContributions and Benefits Act, any increase in the rate of that benefit arising underPart 4 (increases for dependants) or section 106(a) (unemployability supplement) ofthat Act, where the dependant in respect of whom the increase is paid is not a memberof the claimant's family.

(2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of theNaval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order2006, any increase in the rate of that pension or allowance under that Order, where thedependant in respect of whom the increase is paid is not a member of the claimant’sfamily.

54. Any supplementary pension under article 23(2) of the Naval, Military and AirForces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions tosurviving spouses and surviving civil partners) and any analogous payment made bythe Secretary of State for Defence to any person who is not a person entitled under thatOrder.�

7Words omitted frompara. 51 by reg. 2(3)(b)of S.I. 2004/565 asfrom 1.4.04.

4Words substituted inpara. 50 by reg. 13(2)of Sch. to S.I. 2007/2128 as from 22.8.07.5Words substituted inSch. 9 para. 50 by reg.2(7)(1) of S.I. 2008/3157 as from 5.1.09.

8Paras. 52, 53 & 54 ofSch. 9 substituted byreg. 2(7)(k) & (m) ofS.I. 2008/3157 as from5.1 .09 .

2Para. 48 of Sch. 9substituted by reg.2(7)(k) & (m) of S.I.2008/3157 as from5.1 .09 .

1Para. 47 of Sch. 9deleted by reg. 2(7)(j)of S.I. 2008/3157 asfrom 5.1.09.




1Paras. 55 & 56 addedby reg. 32(3) of S.I.1994/2139 as from3.10 .94 .

4Paras. 58 & 61 insertedby reg. 2(3)(b) of S.I.1997/65 as from 7.4.97,or the first day of thebenefit week on or afterthat date, whichever isthe later.

11Words substituted inpara. 61 by reg. 2(c) ofS.I. 2001/721 as from29.3 .01 .12Heading (b) substituted& (c) inserted in para.61 by reg. 3(8) of S.I.1999/1935 as from30.8.99 (or duringAugust 1999 if reg.1(1)(b)(i) ibid applies.)

10Paras. 59, 60, 62, 62A& 63 deleted by reg.2(3)(d) of S.I . 2004/565as from 1.4.04.

�155. In the case of a pension awarded at the supplementary rate under article 27(3)of the Personal Injuries (Civilians) Scheme 1983 (pensions to �2widows, widowers orsurviving civil partners�), the sum specified in paragraph 1(c) of Schedule 4 to thatScheme.

56.—(1) Any payment which is–

(a) made under any of the Dispensing Instruments to a �2widow, widower orsurviving civil partner� of a person–(i) whose death was attributable to service in a capacity analogous to service

as a member of the armed forces of the Crown; and

(ii) whose service in such capacity terminated before 31st March 1973; and�3(b) equal to the amount specified in article 23(2) of the Naval, Military and Air

Forces Etc. (Disablement and Death) Service Pensions Order 2006.�

(2) In this paragraph “the Dispensing Instruments” means the Order in Councilof 19th December 1881, the Royal Warrant of 27th October 1884 and the Orderby His Majesty of 14th January 1922 (exceptional grants of pay, non- effective payand allowances).�

57. �3�

�458. Any payment made �5� under section 12B of the Social Work (Scotland) Act1968 �6, or under sections 12A to 12D of the National Health Service Act 2006 (directpayments for health care)(a)� �7or under sections 31 to 33 of the Care Act 2014 (directpayments),� �8or under Regulations made under section 57 of the Health and SocialCare Act 2001 (direct payments)� �9, or in accordance with regulations made undersection 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (directpayments)�.�

59.-60. �10�

�461.—(1)Any payment specified in sub-paragraph (2) to a claimant who wasformerly a �11student� and who has completed the course in respect of which thosepayments were made.�

(2) The payments specified for the purposes of sub-paragraph (1) are–(a) any grant income and covenant income as defined for the purposes of

Chapter VIII of Part V;�12(b) any student loan as defined in Chapter VIII of Part V;

(c) any contribution as defined in Chapter VIII of Part V which–(i) is taken into account in ascertaining the amount of a student loan referred

to in head (b); and

(ii) has been paid.��

62.-63. �10�

�1364.—(1) Subject to sub-paragraph (2), in the case of a person who is receiving,or who has received, assistance under �14the self-employment route�, any payment tothe person–

(a) to meet expenses wholly and necessarily incurred whilst carrying on thecommercial activity;

(b) which is used or intended to be used to maintain repayments on a loan takenout by that person for the purpose of establishing or carrying on thecommercial activity,

in respect of which such assistance is or was received.

(2) Sub-paragraph (1) shall apply only in respect of payments which are paid tothat person from the special account as defined for the purposes of Chapter IVA of PartV.�

13Para. 64 inserted byreg. 6(4) of S.I. 1998/1174 as from 1.6.98.14Words substituted inpara. 64(1) by reg. 4 ofS.I. 2000/2910 as from27 .11 .00 .

2Words substituted inparas. 55 & 56 by para.13(8)(c)-(e) of Sch. 3 toS.I. 2005/2877 as from5.12 .05 .

3Para. 56(1)(b)substituted & para. 57deleted by reg. 2(7)(n)& (o) of S.I. 2008/3157as from 5.1.09.

5Words deleted in para.58 of Sch. 9 by reg.2(13) of S.I . 2009/583as from 6.4.09.

8Words inserted in Sch.9, para. 58 by reg.11(2) of S.I . 2003/762as from 8.4.03.

(a) 2006 c. 4. Sections 12A to 12D were inserted by the section 11 of the Health Act 2009 (c. 21).

6Words inserted in para.58 by reg. 2(10) of S.I.2010/614 as from1.4 .10 .7Words inserted in Sch.9 para. 58 by para.5(3)(d) of the Sch. toS.I. 2015/643 as from1.4 .15 .

9Words inserted in Sch.9 para. 58 by art.2(5)(f) of S.I. 2017/901as from 3.11.17.



6.3566

2Para. 66 inserted byregs. 6(2)(b) of S.I.1998/2117 as from24.9 .98 .

(a ) 1983 c. 20.(b) 1984 c. 30.(c) 1948 c. 29.(d) 1968 c. 49.

7Para. 69 inserted byreg. 6(4) of S.I. 1999/2165 as from 23.8.99.


3Words substituted inpara. 66 by reg. 7 ofS.I. 2000/681 as from3.4 .00 .

8Words omitted in para.69(2) by reg. 2(1) &para. 19(h) of the Sch.to, S.I. 2001/3767 asfrom 8.4.02.

Paragraph 64 above shall be modified from 28.11.00 to 27.11.01 as if for the references toa person receiving, or having received, assistance under an employment programme specifiedin regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations, there weresubstituted references to a person receiving or, as the case may be, having received assistancein pursuing self-employed earner’s employment whilst participating in the programme knownas the intensive activity period of the New Deal pilots for 25 plus as defined for the purposesof the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of thoseRegulations. Modified by S.I. 2000/3134 (see volume 11 page 11.5801).

65. �1�

�266. Any payment made with respect to a person on account of the provision ofafter-care under section 117 of the Mental Health Act 1983(a) or section 8 of theMental Health (Scotland) Act 1984(b) or the provision of accommodation or welfareservices to which �3Part III of the National Assistance Act 1948(c) refers or to whichthe Social Work Scotland Act(d) refers�, �4or the provision of care and support underPart 1 of the Care Act 2014 (care and support) �5, or provision of care and support inrespect of an adult under Part 4 of the Social Services and Well-being (Wales) Act 2014(meeting needs)�,� which falls to be treated as notional income under paragraph (4A)of regulation 42 above (payments made in respect of a person �6living in a care home,an Abbeyfield Home or an independent hospital�)�

The text below modifies Sch. 9 from 28.11.00 to 27.11.01, unless revoked

earlier. Modified by S.I. 2000/3134 (see volume 11 page 11.5801).

67. Any child care expenses reimbursed to the claimant inrespect of his participation in the programme known as theintensive activity period of the New Deal pilots for 25 plus asdefined for the purposes of the Social Security (New Deal Pilot)Regulations 2000 in regulation 2(1) of those Regulations.

68. Any top-up payment made to a person (“the participant”)pursuant to–

(a) section 2 of the Employment and Training Act 1973 inrespect of the participant’s participation in the intensiveactivity period of the New Deal pilots for 25 plus asdefined for the purposes of the Social Security (New DealPilot) Regulations 2000 in regulation 2(1) of thoseRegulations (“the intensive activity period”); or

(b) a written arrangement entered into between the Secretaryof State and the person who has arranged for theparticipant’s participation in the intensive activity periodand which is made in respect of the participant’sparticipation in that period.

�769.—(1) Any payment of a sports award except to the extent that it has been madein respect of any one or more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinaryclothing or footwear, household fuel, rent which housing benefit is payable or anyhousing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f)(housing costs) �8� of the claimant or, where the claimant is a member of a family, anyother member of his family, or any council tax or water charges for which that claimantor member is liable.

(3) For the purposes of sub-paragraph (2)–“food” does not include vitamins, mineral or other special dietary supplementsintended to enhance the performance of the person in the sport in respect of whichthe award was made;“ordinary clothing and footwear” means clothing or footwear for normal daily usebut does not include school uniforms or clothing or footwear used solely forsporting activities.�

1Para. 65 deleted by reg.2(3)(d) of S.I . 2004/565as from 1.4.04.

6Words in para. 66substituted by para.12(c) of Sch. 1 to S.I.2005/2687 as from24 .10 .05 .

4Words inserted in para.66 by para. 5(3)(e) ofthe Sch. to S.I. 2015/643 as from 1.4.15.5Words inserted in para.66 by art. 2(5)(g) ofS.I. 2017/901 as from3.11 .17 .



Sch. 9


1Para. 70 of Sch. 9omitted by reg. 2(d) ofS.I. 2003/1589 as from25 .10 .04 .2Para. 71 & 72 added byreg. 3(3) of S.I. 2000/724 as from 3.4.00.

70. �1�

�271. Where the amount of a subsistence allowance paid to a person in a benefitweek exceeds the amount of income-based jobseeker’s allowance that person wouldhave received in that benefit week had it been payable to him, less 50p, that excessamount.

72. In the case of a claimant participating in an employment zone programme, anydiscretionary payment made by an employment zone contractor to the claimant, beinga fee, grant, loan or otherwise.�

�373.—(1)Any payment of child maintenance made or derived from a liable relativewhere the child or young person in respect of whom the payment is made is a memberof the claimant’s family, except where the person making the payment is the claimantor the claimant’s partner.

(2) In paragraph (1)–“child maintenance” means any payment towards the maintenance of a child oryoung person, including any payment made voluntarily and payments made under–

(a) the Child Support Act 1991(a);(b) the Child Support (Northern Ireland) Order 1991(b);(c) a court order;

(d) a consent order;(e) a maintenance agreement registered for execution in the Books of Council

and Session or the sheriff court books;

“liable relative” means a person listed in regulation 54 (interpretation) other thana person falling within sub-paragraph (d) of that definition.�

�4 74. In the case of a person to whom paragraph (5) of regulation 6 (persons nottreated as in remunerative work) applies, the whole of his income.�

�575. Any discretionary housing payment paid pursuant to regulation 2(1) of theDirectionary Financial Assistance Regulations 2001(c).�

�6�776.—(1)Any payment made by a local authority, or by the �8Welsh Ministers�,to or on behalf of the claimant or his partner relating to a service which is provided todevelop or sustain the capacity to live independently in his accommodation.�

(2) For the purposes of sub-paragraph (1) “local authority” includes, in England, acounty council.�

�976A. Armed forces independence payment�

77.-78. �10�

�1179. Any payments to a claimant made under section 49 of the Children andFamilies Act 2014 (personal budgets and direct payments)�

�1280. Any bereavement support payment under section 30 of the Pensions Act2014 (bereavement support payment) except any such payment which is disregardedas capital under paragraph 7(1)(f) or 72 of Schedule 10.�

�1381. Any payment of carer’s allowance supplement under section 81 of the SocialSecurity (Scotland) Act 2018(d).�

�1482. Any early years assistance given in accordance with section 32 of the SocialSecurity (Scotland) Act 2018.�

�1583. Any funeral expense assistance given in accordance with section 34 of theSocial Security (Scotland) Act 2018.�

4Para. 74 inserted byreg. 9 of S.I. 2001/488as from 9.4.01.5Para. 75 inserted byreg. 2(1) of S.I. 2001/2333 as from 2.7.01.

(a ) 1991 c. 48.(b) S.I. 1991/2628 (N.I. 23).(c) S.I. 2001/1167.(d) S.I. 2018 asp 9.

6Para. 76 inserted byreg. 2(2) of S.I. 2003/511 as from 1.4.03.7Para. 76(1) substitutedby reg. 2(4)(b) & (c) ofS.I. 2003/2279 as from1.10 .03 .

10Paras. 77 & 78 deletedby reg. 2(3)(d) of S.I.2004/565 as from 1.4.04.

3Para. 73 of Sch. 9substituted by reg.2(17)(d) of S.I. 2009/2655. See reg. 2(6)(a)of the S.I. for therelevant commencementdate.

8Words substituted inpara. 76 by reg. 2(7)(p)of S.I. 2008/3157 asfrom 5.1.09.9Para. 76A inserted inSch. 9 by para. 4(7) ofSch. to S.I. 2013/591 asfrom 8.4.13.

11Para. 79 inserted inSch. 9 by art. 3(2) ofS.I. 2014/2103 as from1.9 .14 .12Para. 80 inserted inSch. 9 by art. 9(3) ofS.I. 2017/422 as from6.4 .17 .13Para. 81 inserted inSch. 9 by art. 2(2) ofS.I. 2018/872 as from3.9 .18 .

15Para. 83 inserted inSch. 9 by art. 7(2) ofS.I. 2019/1060 as from16.9 .19 .

14Para. 82 inserted inSch. 9 by art. 5(2) ofS.I. 2018/1138 as from10 .12 .18 .



8Para. 5 substituted byreg. 6(10)(a) of S.I.1995/2303 as from2.10 .95 .9Former para. 6redesignated 6(1) andsub-para. 2 added topara. 6 by reg. 11 ofS.I. 1990/1776 as from1.10 .90 .

10Sub-paras. (3) and (4)inserted by reg. 7(7) ofS.I. 1998/1174 as from1.6 .98 .11Words substituted inpara. 6(3) by reg. 4 ofS.I. 2000/2910 as from27 .11 .00 .

6.3568 (–6.3574)

Sch. 10


SCHEDULE 10 Regulation 46(2)

CAPITAL TO BE DISREGARDED

1. The dwelling occupied as the home but, notwithstanding regulation 23(calculation of income and capital of members of claimant’s family and of a polygamousmarriage), only one dwelling shall be disregarded under this paragraph.

�11A.Any payment in respect of any travel or other expenses incurred, or to beincurred, by the claimant in respect of that claimant’s participation in �2a schemeprescribed in regulation 3 of the Jobseeker’s Allowance (Schemes for Assisting Personsto Obtain Employment) Regulations 2013� or the Mandatory Work Activity Scheme,but only for 52 weeks beginning with the date of receipt of the payment.�

2. Any premises acquired for occupation by the claimant which he intends tooccupy �3as his home� within 26 weeks of the date of acquisition or such longerperiod as is reasonable in the circumstances to enable the claimant to obtain possessionand commence occupation of the premises.

3. Any sum directly attributable to the proceeds of sale of any premises formerlyoccupied by the claimant as his home which is to be used for the purchase of otherpremises intended for such occupation within 26 weeks of the date of sale or suchlonger period as is reasonable in the circumstances to enable the claimant to completethe purchase.

4. Any premises occupied in whole or in part by–

(a) a partner or relative of �4a single claimant or any member of� the family �3ashis home� where that person �5has attained the qualifying age for statepension credit� or is incapacitated;

(b) the former partner of a claimant �6� as his home; but this provision shall notapply where the former partner is a person from whom the claimant is estrangedor divorced �7or with whom he formed a civil partnership that has beendissolved�.

�85. Any future interest in property of any kind, other than land or premises inrespect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.�

6.�9—(1)� The assets of any business owned in whole or in part by the claimantand for the purposes of which he is engaged as a self-employed earner or, if he hasceased to be so engaged, for such period as may be reasonable in the circumstances toallow for disposal of any such asset.

�9(2) The assets of any business owned in whole or in part by the claimant where–

(a) he is not engaged as a self-employed earner in that business by reason of somedisease or bodily or mental disablement; but

(b) he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to becomeengaged, or re-engaged, in that business;

for a period of 26 weeks from the date on which the claim for income support is made,or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable inthe circumstances to enable him to become so engaged or re-engaged.�

�10(3) In the case of a person who is receiving assistance under �11the self-employment route�, the assets acquired by that person for the purpose of establishingor carrying on the commercial activity in respect of which such assistance is beingreceived.

(4) In the case of a person who has ceased carrying on the commercial activity inrespect of which assistance was received as specified in sub-paragraph (3), the assetsrelating to that activity for such period as may be reasonable in the circumstances toallow for disposal of any such asset.�

4Words substituted inpara. 4(a) by reg. 11(a)of S.I. 1990/1776 asfrom 1.10.90.

6Words deleted frompara. 4(b) by reg. 3(a)of S.I. 1988/910 asfrom 30.5.88.

3Words inserted in para.2 and 4(a) by reg. 26 ofS.I. 1988/1445 as from12.9 .88 .

7Words inserted in para.4(b) by para. 13(9)(a)of Sch. 3 to S.I. 2005/2877 as from 5.12.05.

1Para. 1A inserted inSch. 10 by reg. 4(11) ofS.I. 2011/1707 as from5.8 .11 .2Words in para. 1A ofSch. 10 substituted byreg. 13(b) of S.I. 2013/276 as from 6.45 pm on12 .2 .13 .

5Words substituted inpara. 4(a) by reg. 4(2)of S.I. 2009/1488 asfrom 6.4.10.




(a ) 2002 c. 21.(b) Section 35(1) was amended by the Welfare Reform and Pensions Act 1999 (c. 30) section

53(1), the Employment Act 2002 (c. 22) section 53 and paragraphs 2, 4(1) and (2) ofSchedule 7, the Welfare Reform Act 2012 (c. 5) section 63(1), (2)(a) and S.I. 2014/606. Seeregulation 2(1) of S.I. 1987/1967 for the definition of “the Contributions and Benefits Act”.

(c) S.I. 1999/991; relevant amending instruments are S.I. 2000/897 and 2000/1596. See alsoarticles 8(5) and 9(5) of S.I. 2002/1397.

Sch. 10

5Para. 7(c) omitted byreg. 3(6) of S.I. 2005/574 as from 4.4.05.6Para. 7(d) inserted byreg. 2(2) of S.I. 2001/2333 as from 2.7.01.

7.�1—(1) Subject to sub-paragraph (2),� any arrears of, or any concessionarypayment made to compensate for arrears due to the non-payment of–

(a) any payment specified in paragraph 6, �28, 9 or 76A� of Schedule 9 (otherincome to be disregarded);

�3(b) an income-related benefit �4an employment and support allowance� or anincome-based jobseeker’s allowance, child tax credit or working tax creditunder Part I of the Tax Credits Act 2002(a);�

(c) �5�

�6(d) any discretionary housing payment paid to regulation 2(1) of theDiscrtetionary Financial Assistance Regualtions 2001��7;

(e) universal credit��8(f) bereavement support payment under section 30 of the Pensions Act 2014,�

but only for a period of 52 weeks from the date of the receipt of the arrears or of theconcessionary payment.

�2(g) maternity allowance under section 35 of the Contributions and BenefitsAct(b) (state maternity allowance for employed or self-employed earner).�

�1(2) In a case where the total of any arrears and, if appropriate, any concessionarypayment referred to in sub-paragraph (1) relating to any one of the specified payments,benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraphand in sub-paragraph (3) as the “relevant sum” and is–

�9(a) paid in order to rectify, or to compensate for–

(i) an official error as defined in regulation 1(3) of the Social Security andChild Support (Decisions and Appeals) Regulations 1999(c) or

(ii) an error on a point of law; and�

(b) received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) shall have effect in relation to such arrears or concessionary paymenteither for a period of 52 weeks from the date of receipt, or, if the relevant sum isreceived in its entirety during the award of income support, for the remainder of thataward if that is a longer period.

(3) For the purposes of sub-paragraph (2), “the award of income support” means–(a) the award�7of any of� income support�4, an income-related employment

and support allowance��7, an income-based jobseeker’s allowance oruniversal credit� in which the relevant sum (or first part thereof where it ispaid in more than one instalment) is received, and

(b) where that award is followed by one or more further awards which in eachcase may be �7any� of income support�4, an income-related employmentand support allowance��7, an income-based jobseeker’s allowance oruniversal credit� and which, or each of which, begins immediately after theend of the previous award, such further awards until the end of the last suchaward, provided that for any such further awards the claimant–(i) is the person who received the relevant sum, or

(ii) is the partner of the person who received the relevant sum, or was thatperson’s partner at the date of his death, or

(iii) in the case of a joint-claim jobseeker’s allowance, is a joint-claim coupleeither member or both members of which received the relevant sum.��7,or

(iv) in a case where universal credit is awarded to the claimant and anotherperson as joint claimants, either the claimant or the other person, or bothof them, received the relevant sum.�

The following regulation Schedule 10, 7(3) continues to be reproducedas it is maintained in force in certain circumstances. See ExplanatoryNote of S.I. 2013/630 for when to apply.

1Para. 7 renumbered as7(1) and 7(2) & (3)inserted by reg. 2(b) ofS.I. 2002/2380 as from14 .10 .02 .

3Para. 7(1)(b)substituted by reg.2(15)(a) of S.I. 2008/698 as from 14.4.08.4Words inserted in para.7(1)(b) & sub-paras.(3)(a) & (b) by reg.2(15)(a) & (b) of S.I.2008/1554 .

7Paras. 7(1)(e) &(3)(b)(iv) inserted &words in (3)(a) & (3)(b)substituted by reg.28(9) of S.I . 2013/630as from 29.4.13.8Para. 7(f) inserted byart. 9(4)(a) of S.I. 2017/422 as from 6.4.17.9Sch. 10 para. 7(2)(a)substituted by reg. 2 ofS.I. 2018/932 as from11.9 .18 .

2Words in para. 7(1)(a)substituted & para.7(1)(g) inserted by reg.2 of S.I. 2019/1314 asfrom 31.10.19.




(3) For the purposes of sub-paragraph (2), “the award of incomesupport” means–

(a) the award either of income support�1, an income-relatedemployment and support allowance� or of an income-based jobseeker’s allowance in which the relevant sum(or first part thereof where it is paid in more than oneinstalment) is received, and

(b) where that award is followed by one or more furtherawards which in each case may be either of incomesupport�2, an income-related employment and supportallowance� or of an income-based jobseeker’s allowanceand which, or each of which, begins immediately after theend of the previous award, such further awards until theend of the last such award, provided that for any suchfurther awards the claimant–

(i) is the person who received the relevant sum, or

(ii) is the partner of the person who received the relevantsum, or was that person’s partner at the date of hisdeath, or

(iii) in the case of a joint-claim jobseeker’s allowance, isa joint-claim couple either member or both membersof which received the relevant sum.

8. Any sum–(a) paid to the claimant in consequence of damage to, or loss of the home or any

personal possession and intended for its repair or replacement; or(b) acquired by the claimant (whether as a loan or otherwise) on the express

condition that it is to be used for effecting essential repairs or improvementsto the home,

and which is to be used for the intended purpose, for a period of 26 weeks from the dateon which it was so paid or acquired or such longer period as is reasonable in thecircumstances to enable the claimant to effect the repairs, replacement or improvements.

9. Any sum(a) deposited with a housing association as defined in section 1(1) of the Housing

Associations Act 1985(a) or section 338(1) of the Housing (Scotland) Act1987(b) as a condition of occupying the home;

(b) which was so deposited and which is to be used for the purchase of anotherhome, for the period of 26 weeks or such longer period as is reasonable in thecircumstances to complete the purchase.

10. Any personal possessions except those which had or have been acquired by theclaimant with the intention of reducing his capital in order to secure entitlement to�3� income support or to increase the amount of that benefit.

11. The value of the right to receive any income under an annuity and the surrendervalue (if any) of such an annuity.

�412. Where the funds of a trust are derived from a payment made in consequence ofany personal injury to the claimant �5or the claimant’s partner�, the value of the trustfund and the value of the right to receive any payment under that trust.�

�512A.—(1) Any payment made to the claimant or the claimant’s partner inconsequence of any personal injury to the claimant or, as the case may be, the claimant’spartner.

(2) But sub-paragraph (1)–(a) applies only for the period of 52 weeks beginning with the day on which the

claimant first receives any payment in consequence of that personal injury;(b) does not apply to any subsequent payment made to him in consequence of that

injury (whether it is made by the same person or another);(c) ceases to apply to the payment or any part of the payment from the day on which

the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust arederived from a payment made in consequence of any personal injury to theclaimant.

(a ) 1985 c. 69.(b) 1987 c. 26.

Sch. 10

4Para. 12 substituted byreg. l1(c) of S.I. 1990/1776 as from 1.10.90.5Words inserted in para.12 and para. 12A addedby reg. 5(11)(a) & (b)of S.I. 2006/2378. Seereg. 1 of S.I. 2006/2378for relevant effectivedates.

3Words in para. 10omitted by reg. 2(15)(b)of S.I. 2008/698 asfrom 14.4.08.

2Words inserted in para.(3)(b) by reg. 2(15)(b) ofS.I. 2008/1554.

1Words inserted in sub-paras. (3)(a) & (b) by reg.2(15)(a) & (b) of S.I. 2008/1554.




4Para. 18 of Sch. 10substituted by reg. 9(2)of S.I. 1992/468 asfrom 6.4.92.

(a ) 1988 c. 1.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimantno longer possesses a payment or a part of it include where the claimant has used apayment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed asincluding references to his partner (where applicable).�

13. The value of the right to receive any income under a life interest or from aliferent.

14. The value of the right to receive any income which is disregarded underparagraph 11 of Schedule 8 or paragraph 23 of Schedule 9 (earnings or other income tobe disregarded).

15. The surrender value of any policy of life insurance.

16. Where any payment of capital falls to be made by instalments, the value of theright to receive any outstanding instalments.

�117—(1) Any payment made by a local authority in accordance with–(a) section 17, 23B, 23C or 24A of the Children Act 1989,(b) section 12 of the Social Work (Scotland) Act 1968, �2�

(c) section �326A,� 29 or 30 of the Children (Scotland) Act �21995, or(d) the following sections of the Social Services and Well-being (Wales) Act

2014–(aa) section 37 or 38, but excluding any direct payment made in accordance

with regulations made under section 51 of that Act, or(bb) section 109, 110, 114 or 115.�

(2) Any payment (or part of a payment) made by a local authority in accordancewith section 23C of the Children Act 1989 �3or section 26A or 29 of the Children(Scotland) Act 1995 (local authorities’ duty to promote Welfare of Children, duty toprovide continuing care and provision of advice and assistance for certain youngpersons)� a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person–(a) to whom section 126 of the Contributions and Benefits Act (trade disputes)

applies, or(b) in respect of whom section 124(1) of the Contributions and Benefits Act

(conditions of entitlement to income support) has effect as modified bysection 127 of that Act (effect of return to work).

(5) Sub-paragraph (2) applies only where A–(a) was formerly in the claimant’s care, and

�3b) is aged 18 or over or, in the case of a payment or part of a payment made inaccordance with section 26A of the Children (Scotland) Act 1995, aged 16 orover, and

(c) continues to live with the claimant.�

�418. Any social fund payment made pursuant to �5Part 8 of the Contributions andBenefits Act�.�

�618A. Any local welfare provision.�

19. Any refund of tax which falls to be deducted under �5section 369 of the Incomeand Corporation Taxes Act 1988(a) (mortgage interest payable under deduction oftax� on a payment of relevant loan interest for the purpose of acquiring an interest inthe home or carrying out repairs or improvements in the home.

20. Any capital which under �7regulation 41 �8� or 66A (capital treated as income,�8� or treatment of student loans)� is to be treated as income.

Para. 20 is reproduced below as it was before the amdt. by S.I. 2003/455was implemented. See reg. 1 of that S.I. at page 6.7203 for details ofwhen to apply this version.

1Para. 17 substituted byreg. 2(15)(c) of S.I.2008/698 on or after7.4.08, subject to reg.1(2) ibid.

5Words substituted inSch. 10 paras. 18 & 19by reg. 2(8)(a) & (b) ofS.I. 2008/3157 as from5.1 .09 .6Para. 18A inserted byreg. 2(6)(a) of S.I. 2013/443 as from 4.3.13.

3Word in para. 17(1)(c)inserted, words in sub-paras. (2) & (5)(b)(c)substituted by art.2(3)(a)-(c) of S.I. 2016/732 as from 5.8.16.

7Words substituted inpara. 20 by reg. 5(9) ofS.I. 1990/1549 asfrom 1.9.90.8Words omitted in para.20 by para. 24(b) ofSch. 1 to 2003/455 asfrom 6.4.04.

2Word omitted &substituted in Sch. 10para. 17(1) by art.2(6)(a) of S.I. 2017/901as from 3.11.17.



Sch. 10


20. Any capital which under �1regulation 41, 44(1) or 66A (capitaltreated as income, modifications in respect of children and youngpersons or treatment of student loans)� is to be treated asincome.

21. Where a payment of capital is made in a currency other than sterling, any bankingcharge or commission payable in converting that payment into sterling.

�2�322.—(1)Any payment made under �4or by� the Macfarlane Trust, theMacfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust(“the Trusts”), �5the Fund��6, the Eileen Trust��4, MFET Limited��7, theIndependent Living �8Fund (2006)� , the Skipton Fund��9, the CaxtonFoundation��10, the Scottish Infected Blood Support Scheme� �11, an approvedblood scheme��12, the London Emergencies Trust, the We Love Manchester EmergencyFund� or the London Bombings Relief Charitable Fund��.

(2) Any payment by or on behalf of a person who is suffering or who suffered fromhaemophilia �4or who is or was a qualifying person�, which derives from a paymentmade under �4or by� any of the Trusts to which sub-paragraph (1) refers and which ismade to or for the benefit of–

(a) that person’s partner or former partner from whom he is not, or where thatperson has died was not, estranged or divorced �13or with whom he has formeda civil partnership that has not been dissolved or, where that person has died,had not been dissolved at the time of that person’s death�;



(3) Any payment by or on behalf of the partner or former partner of a person who issuffering or who suffered from haemophilia �14or who is or was a qualifying person�provided that the partner or former partner and that person are not, or if either of themhas died were not, estranged or divorced �13or, where the partner or former partner andthat person have formed a civil partnership, the civil partnership has not been dissolvedor, if either of them has died, had not been dissolved at the time of the death� whichderives from a payment made under �15or by� any of the Trusts to which sub-paragraph(1) refers and which is made to or for the benefit of–

(a) the person who is suffering from haemophilia �14or who is a qualifyingperson�;



(4) Any payment by a person who is suffering from haemophilia �14or who is aqualifying person�, which derives from a payment under �15or by� any of the Trusts towhich sub-paragraph (1) refers, where–

(a) that person has no partner or former partner from whom he is not estranged ordivorced, �16or with whom he has formed a civil partnership that has not beendissolved� nor any child or young person who is or had been a member ofthat person’s family; and

(b) the payment is made either–

(i) to that person’s parent or step-parent, or(ii) where that person at the date of the payment is a child, a young

person or a �17full-time student� who has not completed his full-timeeducation and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from thatperson’s death.

14Words inserted in para.22(3)-(4) by reg.6(8)(a) of S.I. 1992/1101 as from 7.5.92.

13In para. 22, wordsinserted in sub-paras.(2)(a) & (3) by para.13(9)(a)(b) of Sch. 3 toS.I. 2005/2877 as from5.12 .05 .

1Words substituted inpara. 20 by reg. 5(9) ofS.I. 1990/1549 as from1.9.90.

2Paras. 22, 23 and 24added by reg. 36(b) ofS.I. 1988/663 as froml1.4 .88.3Para. 22 substituted byreg. 5(8)(a) of S.I. 1991/1l75 as from 11.5.91.

5Words inserted in para.22(1)-(2) by reg. 6(8)(a)of S.I. 1992/l101 as from7.5 .92 .

6Words inserted in paras.22(1) by reg. 4(5)(a) ofS.I. 1993/l249 as from14.5 .93 .7Words substituted inpara. 22(1) by reg. 3 ofS.I. 2004/1141 as from12.5 .04 .


8Words in para. 22(1)substituted by reg.2(6)(g) of S.I. 2008/2767 as from 17.11.08.

4Words inserted in para.22(1)-(2) by reg. 2(3) (g)& (7)(f) of S.I. 2010/641as from 1.4.10.

17Words substituted in para.22(4)(b)(ii) by reg. 5(5) ofS.I. 2000/1981 as from31.7 .00 .

16Words inserted in sub-para. (4)(a) by para.13(9)(b) of Sch. 3 to S.I.2005/2877 as from5.12 .05 .

15Words in para. 22(3) to(5) inserted by reg.2(7)(f) of S.I. 2010/641as from 1.4.10.

10Words in para. 22(1) ofSch. 10 inserted by reg.3(3)(f) of S.I. 2017/329as from 3.4.17.

12Words in para. 22(1) ofSch. 10 inserted by reg.2(3)(f) of S.I. 2017/689as from 19.6.17.

11Words in para. 22(1)of Sch. 10 inserted byreg. 2(3)(f) of S.I.2017/870 as from23 .10 .17 .




(5) Any payment out of the estate of a person who suffered from haemophilia �1orwho was a qualifying person�, which derives from a payment under �2or by� any ofthe Trusts to which sub-paragraph (1) refers, where–

(a) that person at the date of his death (the relevant date) had no partner orformer partner from whom he was not estranged or divorced, �3or with whomhe has formed a civil partnership that has not been dissolved� nor any childor young person who was or had been a member of his family; and


(ii) where that person at the relevant date was a child, a young person or a�4full-time student� who had not completed his full-time educationand had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in thisparagraph is made, any capital resource which derives from any payment of income orcapital made under or deriving from any of the Trusts.

�1(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shallbe construed as including a reference to the Fund�5, the Eileen Trust�6, MFETLimited��7, the Skipton Fund�8, the Caxton Foundation��9, the Scottish InfectedBlood Support Scheme� �10, an approved blood scheme� �11, the LondonEmergencies Trust, the We Love Manchester Emergency Fund� or the LondonBombings Relief Charitable Fund��.��

22A. �7�

23. The value of the right to receive an occupational �12or personal� pension.

�1323A. The value of any funds held under a personal pension scheme �14�.�

24. The value of the right to receive any rent �13except where the claimant has areversionary interest in the property in respect of which rent is due.��

�1525. Where a claimant has ceased to occupy what was formerly the dwellingoccupied as the home following his estrangement or divorce from�16, or dissolution ofhis civil partnership with,� his former partner, that dwelling for a period of 26 weeksfrom the date on which he ceased to occupy that dwelling �17or, where that dwelling isoccupied as the home by the former partner who is a lone parent, for as long as it isoccupied�.

�1826. Any premises where the claimant is taking reasonable steps to dispose ofthose premises, for a period of 26 weeks from the date on which he first took suchsteps, or such longer period as is reasonable in the circumstances to enable himto dispose of those premises.

�1927. Any premises which the claimant intends to occupy as his home, and inrespect of which he is taking steps to obtain possession and has sought legaladvice or has commenced legal proceedings, with a view to obtaining possession, fora period of 26 weeks from the date on which he first sought such advice or firstcommenced such proceedings whichever is earlier, or such longer period as isreasonable in the circumstances to enable him to obtain possession and commenceoccupation of those premises.�

28. Any premises which the claimant intends to occupy as his home to whichessential repairs or alterations are required in order to render them fit for suchoccupation, for a period of 26 weeks from the date on which the claimant first takessteps to effect those repairs or alterations, or such longer period as is reasonable in thecircumstances to enable those repairs or alterations to be carried out and the claimantto commence occupation of the premises.�

�129. Any payment in kind made by a charity �2or under �3or by� the Macfarlane

Sch. 10

13Para. 23A, & words inpara. 24, inserted by reg.6(10) of S.I. 1995/2303as from 2.10.95.

5Words substituted inpara. 22(7) by reg. 3 ofS.I. 2004/1141 as from12.5 .04 .

7Words substituted in paras.22(7) & 22A omitted byreg. 2(5) of S.I. 2005/3391as from 12.12.05.

12Words inserted in para.23 by reg. 21 of S.I. 1991/1559 as from 7.10.91.

14Words omitted in para.23A by reg. 2(8) of S.I.2007/1749 as from 16.7.07.

6Words inserted in paras.22(7) & (29) by reg.2(3)(g) & (7)(f) of S.I.2010/641 as from 1.4.10.

8Words inserted in paras.21(7) & 29 by reg. 7(5)& (6) of S.I. 2011/2425as from 31.10.11.

1Words inserted in para.22(5) and sub-para. (7)added, by reg. 6(8)(a)of S.I. 1992/1101 asfrom 7.5.92.2Words in paras. 22(3)to (5) inserted by reg.2(7)(f) of S.I. 2010/641 as from 1.4.10.

17Words inserted in para.25 by reg. 2(3) of S.I.2003/511 as from 1.4.03.

15Para. 25 added by reg.3(b) of S.I. 1988/910 asfrom 30.5.88.

18Paras. 26 to 28 added byreg. 3(b) of S.I. 1988/910as from 30.5.88.

16Words inserted in para.25 by para. 13(a)(c) ofSch. 3 to S.I. 2005/2877as from 5.12.05.

4Words substituted inpara. 22(4)(b)(ii) and(5)(b)(ii) by reg. 5(5)of S.I. 2000/1981 asfrom 31.7.00.

3Words inserted in sub-paras. (4)(a) & (5)(a)of para. 5 by para.13(9)(b) of Sch. 3 toS.I. 2005/2877 as from5.12 .05 .

19Para. 27 substituted byreg. 23(a) of S.I. 1988/2022 as from 12.12.88.

9Words in para. 22(7) ofSch. 10 inserted by reg.3(3)(f) of S.I. 2017/329as from 3.4.17.10Words in para. 22(7)inserted by reg. 2(3)(f)of S.I. 2017/870 asfrom 23.10.17.11Words in para. 22(7)inserted by reg. 2(3)(f)of S.I. 2017/689 asfrom 19.6.17.




Sch. 10(Special Payments) Trust��4, the Macfarlane (Special Payments) (No. 2) Trust�5the Fund�6, MFET Limited��7, the Skipton Fund, the Caxton Foundation� �8, theScottish Infected Blood Support Scheme� �9, an approved blood scheme� �10� orthe Independent Living Fund (2006).��

30. �11Any payment made pursuant to section 2 of the Employment and TrainingAct 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but onlyfor the period of 52 weeks beginning on the date of receipt of the payment.�

31. Any payment made by the Secretary of State to compensate for the loss(in whole or in part) of entitlement to housing benefit.�

32.-33. �12�

�1334. Any payment made to a juror or a witness in respect of attendance at acourt other than compensation for loss of earnings or for the loss of a benefit payableunder the benefit Acts.

35. �14��

�1536. Any payment in consequence of a reduction of �16� �17council tax undersection 13�18, 13A� or, as the case may be, section 80 of the Local GovernmentFinance Act 1992(a) (reduction of liability for council tax),� but only for a period of52 weeks from the date of the receipt of the payment.

37. Any grant made to the claimant in accordance with a scheme made under section129 of the Housing Act 1988(b) or section 66 of the Housing (Scotland) Act 1988(c)(schemes for payments to assist local housing authority and local authority tenants toobtain other accommodation) which is to be used–

(a) to purchase premises intended for occupation as his home; or

(b) to carry out repairs or alterations which are required to render premises fit for

(a) 1992 c. 14.(b) 1988 c. 50.(c) 1988 c. 43.

15Paras. 36 & 37 addedto Sch. 10 by reg. 23(a)of S.I. 1990/547 asfrom 1.4.90.16Words in para.36 omitted by reg.2(15)(e) of S.I. 2008/698 as from 14.4.08.17Words inserted in para.36 by para. 6 of Sch. toS.I. 1993/315 as from1.4 .93 .

14Para. 35 deleted by para.6 of Sch. to S.I. 1993/315as from 1.4.93.

12Paras. 32 & 33 omittedby reg. 2(15)(d) of S.I.2008/698 as from14.4 .08 .13Paras. 34 to 35 addedto Sch. 10 by reg. 23(b)of S.I. 1988/2022 asfrom 12.12.88.

1Paras. 29 to 31 addedby reg. 26(c) of S.I.1988/1445 as from12.9 .88 .2Words added to para.29 by reg. 3(4) of S.I.1990/127 as from31.1 .90 .

4Words substituted inpara. 29 by reg. 6(8)(b)of S.I. 1992/1101 asfrom 7.5.92.5Words substituted inpara. 29 by reg. 2(3) ofS.I. 2007/2538 as from1.10 .07 .

11Para. 30 substituted byreg. 2(4)(a) of S.I. 2004/565 as from 1.4.04.

10Words in para. 29omitted by reg. 2(13) ofS.I. 2008/2767 as from17 .11 .08 .

6Words inserted in para.29 by reg. 2(11) of S.I.2010/641 as from 1.4.10.

3Words inserted in paras.22(7) & (29) by reg.2(3)(g) & (7)(f) of S.I.2010/641 as from1.4 .10 .

7Words inserted in paras.21(7) & 29 by reg. 7(5)& (6) of S.I. 2011/2425as from 31.10.11.

18Words in para. 36inserted by reg. 2(6)(b)of S.I. 2013/443 asfrom 4.3.13.

8Words in para. 29 ofSch. 10 inserted by reg.3(3)(f) of S.I. 2017/329as from 3.4.17.9Words in para. 29 ofSch. 10 inserted by reg.2(3)(f) of S.I. 2017/870as from 23.10.17.



6.3585

3Para. 40 added by reg.11(d) of S.I. 1990/l776as from 1.10.90.

(a ) See section 140A of the Social Security Contributions and Benefits Act 1992, inserted bysection 131 of the Health and Social Care Act 2008 (c. 14).

(b) 1944 c. 10.(c) 1958 c. 33.


occupation as his home

for a period of 26 weeks from the date on which he received such a grant or such longerperiod as is reasonable in the circumstances to enable the purchase,repairs or alterations to be completed and the claimant to commence occupation ofthose premises as his home.�

�138.—(1)Any payment or repayment made–(a) as respects England, under regulation 5, 6 or 12 of the National Health Service

(Travel Expenses and Remission of Charges) Regulations 2003 (travellingexpenses and health service supplies);

(b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service(Travelling Expenses and Remission of Charges) (Wales) Regulations 2007(travelling expenses and health service supplies);

(c) as respects Scotland, under regulation 3, 5 or 11 of the National HealthService (Travelling Expenses and Remission of Charges) (Scotland) (No. 2)Regulations 2003 (travelling expenses and health service supplies),

but only for a period of 52 weeks from the date of receipt of the payment or repayment.

(2) Any payment or repayment made by the Secretary of State for Health, the ScottishMinisters or the Welsh Ministers which is analogous to a payment or repaymentmentioned in sub-paragraph (1), but only for a period of 52 weeks from the date ofreceipt of the payment or repayment.

39. Any payment made to such persons entitled to receive benefits as may bedetermined by or under a scheme made pursuant to section 13 of the Social SecurityAct 1988 in lieu of vouchers or similar arrangements in connection with the provisionof those benefits (including payments made in place of healthy start vouchers, milktokens or the supply of vitamins), but only for a period of 52 weeks from the date ofreceipt of the payment.�

�239A. Any payment made under Part 8A of the Contributions and Benefits Act(entitlement to health in pregnancy grant)(a).�

�340. Any payment made either by the Secretary of State for �4Justice� or by the�5Scottish Ministers� under a scheme established to assist relatives and other personsto visit persons in custody, but only for a period of 52 weeks from the date of receiptof the payment.�

�141. Any arrears of supplementary pension which is disregarded under paragraph54 of Schedule 9 (sums to be disregarded in the calculation of income other thanearnings) or of any amount which is disregarded under paragraph 55 or 56 of thatSchedule, but only for a period of 52 weeks from the date of receipt of the arrears.�

�642. Any payment (other than a training allowance �7�) made, whether by theSecretary of State or by any other person, under the Disabled Persons (Employment)Act 1944(b) �7� to assist disabled persons to obtain or retain employment despitetheir disability.

43. Any payment made by a local authority under section 3 of the Disabled Persons(Employment) Act 1958(c) �8or under Part 4 of the Social Services and Well-being(Wales) Act 2014� to homeworkers assisted under the Blind Homeworkers’ Scheme.�

�944.—(1) Any sum of capital to which sub-paragraph (2) applies and–

(a) which is administered on behalf of a person by the High Court or the CountyCourt under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Courtof Protection;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed

7Words deleted in para.42 by reg. 2(4)(b) ofS.I. 2004/565 as from1.4 .04 .

9Para. 44 substituted byreg. 5(1)(c) of S.I.2006/2378. See reg. 1of S.I. 2006/2378 forrelevant effective dates.

1Paras. 38, 39 & 41 ofSch. 10 substituted byreg. 2(8)(c) & (e) ofS.I. 2008/3157 as from5.1 .09 .

5Words substituted inSch. 10 para. 40 by reg.2(8)(d) of S.I. 2008/3157 as from 5.1.09.6Paras. 42 and 43 addedby reg. 9(3) of S.I.1992/468 as from6.4 .92 .

4Words substituted inpara. 40 of Sch. 10 byreg. 13(3) of S.I. 2007/2128 as from 22.8.07.

2Para. 39A inserted inSch. 10 by reg. 2(14)(a)of S.I. 2009/583. Seereg. 1 of S.I. 2009/583for the coming intoforce date.

8Words inserted in Sch.10 para. 43 by art.2(6)(b) of S.I . 2017/901as from 3.11.17.



6.3586

4Para. 46 added by reg.11(1) of S.I . 1996/462as from 8.4.96.

7Para. 52 added by reg.17(11) of S.I. 1998/1174 as from 1.6.98.


8Words substituted inpara. 52 by reg. 4 ofS.I. 2000/2910 as from27 .11 .00 .

of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from–

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned isunder the age of 18.�

�145. Any sum of capital administered on behalf of a �2� in accordance with anorder made under �3section 13 of the Children (Scotland) Act 1995(a)�, or under Rule36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary CauseRules, where such sum derives from–

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents �3where the personconcerned is under the age of 18��

�446. Any payment to the claimant as holder of the Victoria Cross or George Cross.�

47. – 49. �5�

50. – 51. �6�

�752. In the case of a person who is receiving, or who has received, assistance under�8the self-employment route�, any sum of capital which is acquired by that person forthe purpose of establishing or carrying on the commercial activity in respect of whichsuch assistance is or was received but only for a period of 52 weeks from the date onwhich that sum was acquired.�

Paragraph 52 above shall be modified from 28.11.00 to 27.11.01 as if for the references toa person receiving, or having received, assistance under an employment progamme specifiedin regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations, there weresubstituted references to a person receiving or, as the case may be, having received, assistancein pursuing self-employed earner’s employment whilst participating in the programme knownas the intensive activity period of the New Deal pilots for 25 plus as defined for the purposesof the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of thoseRegulations. Modified by S.I. 2000/3134 (see volume 11 page 11.5801).

53. �6�

The text below modifies Schedule 10 from 28.11.00 to 27.11.01 unless

6Paras. 50-51 and 53deleted by reg. 2(4)(c)of S.I. 2004/565 asfrom 1.4.04.

(a ) c. 36.

2Words deleted frompara. 45 by reg.7(10)(e) of S.I. 1997/2197 as from 6.10.97.3Words substituted inpara. 45 by reg. 2(5)(b)of S.I. 2003/2279 asfrom 1.10.03.

5Sch. 10 paras. 47-49deleted by reg. 2(8)(f)of S.I. 2008/3157 asfrom 5.1.09.

1Para. 45 addedby reg. 33(b) of S.I.1994/2139 as from3.10 .94 .



Sch. 10

6.3587


3Para. 57 of Sch. 10omitted by reg. 2(d) ofS.I. 2003/1589 as from25 .10 .04 .


5Paras. 58 and 59 addedby reg. 3(4) of S.I.2000/724 as from3.4 .00 .

4Second para. 57deleted by reg. 3(6) ofS.I. 2001/859. See reg.1 of S.I. 2001/859 forrelevant effective dates.

2Words in para. 56(2)omitted by reg. 2(1) of& para. 20 of the Sch.to, S.I. 2001/3767 asfrom 8.4.02.

revoked earlier, by adding paras. 54 & 55. Modified by S.I. 2000/3134(see volume 11 page 11.5801).

54. Any child care expenses reimbursed to the claimant inrespect of his participation in the programme known as theintensive activity period of the New Deal pilots for 25 plus asdefined for the purposes of the Social Security (New Deal Pilot)Regulations 2000 in regulation 2(1) of those Regulations butonly for a period of 52 weeks from the date of receipt of thepayment.

The text below modifies Sch. 3 from 28.11.00 to 27.11.01 unless revokedearlier by adding para. 55. Modified by S.I. 2000/3134 (see volume 11page 11.5801).

55. Any top-up payment made to a person (“the particpant”)pursuant to–

(a) section 2 of the Employment and Training Act 1973 inrespect of the participant’s participation in the intensiveactivity period of the New Deal pilots for 25 plus asdefined for the purposes of the Social Security (New DealPilot) Regulations 2000 in regulation 2(1) of thoseRegulations (“the intensive activity period”); or

(b) a written arrangement entered into between the Secretaryof State and the person who has arranged for theparticipant’s participation in the intensive activity periodand which is made in respect of the participant’sparticipation in that period,

but only for the period of 52 weeks beginning on the date ofreceipt of the payment.

�156.—(1) Any payment of a sports award for a period of 26 weeks from the date ofreceipt of that payment except to the extent that it has been made in respect of any oneor more of the items specified in sub-paragraph (2).

(2) The items specified for the purposes of sub-paragraph (1) are food, ordinaryclothing or footwear, household fuel, rent for which housing benefit is payable or anyhousing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f)(housing costs) �2� of the claimant or, where the claimant is a member of a family, anyother member of his family, or any council tax or water charges for which that claimantor member is liable.

(3) For the purposes of sub-paragraph (2)–“food” does not include vitamins, minerals or other special dietary supplementsintended to enhance the performance of the person in the sport in respect of whichthe award was made;“ordinary clothing and footwear” means clothing or footwear for normal daily usebut does not include school uniforms or clothing or footwear used solely forsporting activities.�

57. �3�

�4�

�558. In the case of a claimant participating in an employment zone programme,any discretionary payment made by an employment zone contractor to the claimant,being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the dateof receipt of the payment.

59. Any arrears of subsistence allowance paid as a lump sum but only for the periodof 52 weeks from the date of receipt of the payment.�



6.3588

Sch. 101Para. 60 inserted byreg. 12(2)(c) of S.I.2000/637 as from3.4 .00 .2Para. 61 added by reg.2 of S.I. 2001/22 asfrom 1.2.01.

4Para. 62 inserted byreg. 10 of S.I. 2001/488as from 9.4.01.5Para. 63 substituted byreg. 5(3) of S.I. 2004/1708 as from 1.8.04where students course ofstudy begins on or afterthat date but before1.9.04, or 1.9.04 in anyother case.



��160. Any payment made to a person under regulation 11 of the Social Security(Payments to Reduce Under-occupation) Regulations 2000, but only for a period of52 weeks from the date of payment.��

��261. Where an ex-gratia payment of £10,000 has been made by the Secretary ofState on or after 1st February 2001 in consequence of the imprisonment or internmentof–

(a) the claimant;(b) the claimant’s partner;

(c) the claimant’s deceased spouse �3or deceased civil partner�; or

(d) the claimant’s partner’s deceased spouse �3or deceased civil partner�,

by the Japanese during the Second World War, £10,000.�

�462. In the case of a person to whom paragraph (5) of regulation 6 (persons nottreated as in remunerative work) applies, the whole of his capital.�

�563.—(1)Any payment–(a) by way of an education maintenance allowance made pursuant to–

(i) regulations made under section 518 of the Education Act 1996;

(ii) regulations made under section 49 or 73(f) of the Education (Scotland)Act 1980;

�6(iii) directions made under section 73ZA of the Education (Scotland Act 1980and paid under section 12(2)(c) of the Further and Higher Education(Scotland) Act 1992; �7��

(b) corresponding to such an education maintenance allowance, made pursuantto–(i) section 14 or section 181 of the Education Act 2002; or

(ii) regulations made under section 181 of that Act �7; or

(c) in England, by way of financial assistance made pursuant to section 14 ofthe Education Act 2002.�

(2) Any payment, other than a payment to which sub-paragraph (1) applies, madepursuant to–

(a) regulations made under section 518 of the Education Act 1996;(b) regulations made under section 49 of the Education (Scotland) Act 1980; or

�6(c) directions made under section 73ZA of the Education (Scotland) Act 1980and paid under section12(2)(c) of the Further and Higher Education (Scotland)Act 1992,�

in respect of a course of study attended by a child or a young person or a person whois in receipt of an education maintenance allowance �7or other payment� madepursuant to any provision specified in sub-paragraph (1).�

�864. (1) Subject to sub-paragraph (2), the amount of any trust payment made to aclaimant or a member of a claimant’s family who is–

(a) a diagnosed person;

(b) the diagnosed person’s partner or the person who was the diagnosed person’spartner at the date of the diagnosed person’s death;

(c) a parent of a diagnosed person, a person acting in the place of the diagnosedperson’s parents or a person who was so acting at the date of the diagnosedperson’s death; or

(d) a member of the diagnosed person’s family (other than his partner) or a personwho was a member of the diagnosed person’s family (other than his partner)at the date of the diagnosed person’s death.

(2) Where a trust payment is made to–(a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall

apply for the period beginning on the date on which the trust payment ismade and ending on the date on which that person dies;

3Words inserted in para.61(c) & (d) by para.13(a)(d) of Sch. 3 toS.I. 2005/2877 as from5.12 .05 .

6Words substituted inSch. 10 para. 63 by reg.2(8)(g)(i) & (ii) of S.I.2008/3157 as from5.1 .09 .7Words omitted andinserted in para. 63 byreg. 7(8) of S.I. 2011/2425 as from 31.10.11.




Sch. 10(b) a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply

for the period beginning on the date on which the trust payment is made andending two years after that date;

(c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall applyfor the period beginning on the date on which the trust payment is made andending–(i) two years after that date; or

(ii) on the day before the day on which that person–(aa) ceases receiving full-time education; or(bb) attains the age of �120�,

whichever is the latest.

(3) Subject to sub-paragraph (4), the amount of any payment by a person to whoma trust payment has been made, or of any payment out of the estate of a person to whoma trust payment has been made, which is made to a claimant or a member of a claimant’sfamily who is–

(a) the diagnosed person’s partner or the person who was the diagnosed person’spartner at the date of the diagnosed person’s death;

(b) a parent of a diagnosed person, a person acting in the place of the diagnosedperson’s parents or a person who was so acting at the date of the diagnosedperson’s death; or

(c) a member of the diagnosed person’s family (other than his partner) or a personwho was a member of the diagnosed person’s family (other than his partner)at the date of the diagnosed person’s death,

but only to the extent that such payments do not exceed the total amount of any trustpayments made to that person.

(4) Where a payment as referred to in sub-paragraph (3) is made to–(a) a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply

for the period beginning on the date on which that payment is made andending on the date on which that person dies;

(b) a person referred to in sub-paragraph (3)(b), that sub-paragraph shall applyfor the period beginning on the date on which that payment is made andending two years after that date;

(c) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall applyfor the period beginning on the date on which that payment is made andending–(i) two years after that date; or

(ii) on the day before the day on which that person–(aa) ceases receiving full-time education; or(bb) attains the age of �120�,

whichever is the latest.

(5) In this paragraph, a reference to a person–(a) being the diagnosed person’s partner;(b) being a member of the diagnosed person’s family; or(c) acting in the place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would havebeen such a person or a person who would have been so acting, but for the diagnosedperson �2residing in a care home, an Abbeyfield Home or an independent hospital�on that date.

(6) In this paragraph–“diagnosed person” means a person who has been diagnosed as suffering from, orwho, after his death, has been diagnosed as having suffered from, variantCreutzfeldt-Jakob disease;“relevant trust” means a trust established out of funds provided by the Secretaryof State in respect of persons who suffered, or who are suffering, from variantCreutzfeldt-Jakob disease for the benefit of persons eligible for payments inaccordance with its provisions;“trust payment” means a payment under a relevant trust.�

2Words in para. 64(5)substituted by para. 13of Sch. 1 to S.I. 2005/2687 as from 24.10.05.

1Words in para. 64(2)(c)(ii)(bb) and (4)(c)(ii)(bb) substituted by reg.2(9) of S.I. 2006/718 asfrom 10.4.06.

6.3589



Supplement No. 127 [March 2020]6.3590

�165. The amount of a payment, other than a war pension �2�, to compensate for thefact that the claimant, the claimant’s partner, the claimant’s deceased spouse �3ordeceased civil partner� or the claimant’s partner’s deceased spouse �3or deceasedcivil partner�–

(a) was a slave labourer or a forced labourer;

(b) had suffered property loss or had suffered personal injury; or(c) was a parent of a child who had died,

during the Second World War.�

�4�566.—(1)Any payment made by a local authority or by the �6Welsh Ministers�,to or on behalf of the claimant or his partner relating to a service which is provided todevelop or sustain the capacity of the claimant or his partner to live independently inhis accommodation.�

(2) For the purposes of sub-paragraph (1) “local authority” includes, in England,a county council.�

�767. Any payment made under �8sections 31 to 33 of the Care Act 2014 (directpayments) or under� �9� regulations made under section 57 of the Health and Social CareAct 2001(a) or under section 12B of the Social Work (Scotland) Act 1968(b)�10, or undersection 12A to 12D of the National Health Services Act 2006 (direct payments for healthcare)(c)��11, or in accordance with regulations made under section 50 or 52 of the SocialServices and Well-being (Wales) Act 2014 (direct payments).��

�1268. Any payment made to the claimant pursuant to regulations under section2(6)(b), 3 or 4 of the Adoption and Children Act 2002.�

�1368A. Any payment made to the claimant in accordance with regulations madepursuant to section 14F of the Children Act 1989 (special guardianship supportservices).�

69.—70. �14�

�1571. Any payments to a claimant made under section 49 of the Children andFamilies Act 2014 (personal budgets and direct payments)�

�1672. Any bereavement support payment in respect of the rate set out in regulation3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavementsupport payment)(d), but only for a period of 52 weeks from the date of receipt of thepayment.�

�1773. Any payment made under or by a trust, established for the purpose of givingrelief and assistance to disabled person whose disabilities were caused by the fact thatduring their mother’s pregnancy she had taken a preparation containing the drugknown as Thalidomide, and which is approved by the Secretary of State.�

�1874. Any payment made to a claimant under section 73(1)(b) of the Children andYoung People (Scotland) Act 2014 (kinship care assistance).�

�1975. Any early years assistance given in accordance with section 32 of the SocialSecurity (Scotland) Act 2018).�

�2076. Any funeral expense assistance given in accordance with section 34 of theSocial Security (Scotland) Act 2018).�

Sch. 10

3In para. 65 wordsinserted by para. 13(9)(e)of Sch. 3 to S.I. 2005/2877 as from 5.12.05.

1Para. 65 inserted inSch. 10 by reg. 2(c) ofS.I. 2001/3481 as from19 .11 .01 .


2Words deleted in Sch.10 para. 65 by reg.2(8)(h) of S.I. 2008/3157 as from 5.1.09.

5Para. 66(1) substitutedby reg. 2(5)(i) of S.I.2003/2279 as from1.10 .03 .

7Para. 67 inserted inSch. 10 by reg. 2(5)(d)of S.I. 2003/2279 asfrom 1.10.03.



14Paras. 69 & 70 deletedby reg. 2(4)(c) of S.I.2004/565 as from 1.4.04.

6Words substituted in Sch.10 para. 66(1) by reg.2(8)(i) of S.I . 2008/3157as from 5.1.09.

(a ) c. 15.(b) c. 49.(c) 2006 c. 4. Sections 12A to 12D were inserted by the section 11 of the Health Act 2009 (c. 21).(d) S.I. 2017/470.

9Words deleted in para.67 of Sch. 10 by reg.2(14)(b) of S.I. 2009/583 as from 6.4.09.10Words inserted in para.67 by reg. 2(10) of S.I.2010/641 as from 1.4.10.

15Para. 71 inserted inSch. 10 by art. 3(3) ofS.I. 2014/2103 as from1.9 .14 .16Para. 72 inserted in Sch.10 by art. 9(4)(b) of S.I.2017/422 as from 6.4.17.17Para. 73 inserted inSch. 10 by reg. 2(5) ofS.I. 2017/ 870 as from23 .10 .17 .

8Words inserted in Sch.10, para. 67 by para.5(4) of the Sch. to S.I.2015/643 as from 1.4.15.

11Words inserted in Sch.10, para. 67 by art.2(6)(c) of S.I. 2017/901as from 3.11.17.

18Para. 74 inserted inSch. 10 by reg. 2(4) ofS.I. 2017/995 as from7.11 .17 .19Para. 74 inserted inSch. 10 by reg. 2(4) ofS.I. 2017/995 as from7.11 .17 .20Para. 76 inserted inSch. 10 by art. 7(3) ofS.I. 2019/1060 as from16.9 .19 .




EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for various matters concerning entitlement to, and theamount of, income support.

Part I contains general provisions affecting the citation, commencement andinterpretation of the Regulations (regulations 1 to 3).

Part II prescribes the circumstances in which a person’s entitlement is to continuenotwithstanding his absence from Great Britain; provide for what is to be treated asremunerative work and relevant education; specifies the circumstances in which aperson is not required to be available for employment, or is to be treated or not treatedas in remunerative work, available for employment, or in relevant education; and alsoprovides for a person under the age of 18 to be registered for employment (regulations4 to 13).

Part III makes provision in respect of children and young persons andprescribes, for the purpose of determining the members of a family, the circumstancesin which a person is to be treated as responsible for another or as a member of the samehousehold (regulations 14 to 17).

Part IV provides for a claimant’s applicable amount (by reference to which theamount of his income support is calculated) to consist of the following: a personalallowance for the claimant and members of his family; where applicable, a family,lone parent, pensioner or disability premium and an amount in respect of mortgageinterest payments or other prescribed housing costs. It also makes special provision in thecase of polygamous marriages, boarders, certain cases of disqualification fromunemployment benefit, and other special cases (regulations 17 to 22).

Part V contains provisions for the calculation of income and capital. Chapters IIto V make provision for income not expressly disregarded to be taken into accounton a weekly basis; define earnings and prescribe the manner in which earnings andother income are to be calculated; they also prescribe the circumstances in whichcapital is to be treated as income and a person is to be treated as possessing incomewhich he in fact does not possess. Chapter VI makes provision for the calculationof capital; sets the capital limit over which a person is not to be entitled to benefitat £6,000 and provides for a weekly tariff income on capital over £3,000 and underthat limit at a rate of £l for every £250. Chapters VII and VIII make specialprovision in relation to the calculation of payments made by liable relatives and inrespect of students (regulations 23 to 69).

Part VI makes provision for persons from abroad and for persons who aretreated as possessing earnings who could not otherwise qualify for income support tobe entitled to income support in cases of hardship; and for determining their applicableamount and income and capital (regulations 70 to 72).

These regulations are made before the expiry of 12 months from the commencementof provisions under which they are made: they are accordingly exempt, by section61(5) of the Social Security Act 1986, from reference to the Social Security AdvisoryCommittee and have not been so referred.

6.3591



Supplement No. 86 [March 2009]6.3592 (–6.4002)




ANNEX 2

Extracts from Education (Mandatory Awards) Regulations 2003, S.I. 2003/1994Regulations 2 to 4, 6(3) and (4), 10, 17, 18, 20 to 22, Schedule 2, and paragraphs 1 and 2 ofSchedule 5 are reproduced below. The Schedule 2 and 5 extracts are in particular relevant to regulations61 and 62(2A) and (3) and para. 12 of Sch. 1B above.

In these extracts, differences from the wording of the corresponding provisions in the Education(Mandatory Awards) Regulations 2002 (S.I. 2002/1330, superseded by S.I. 2003/1994 as from1.9.03) are indicated in bold type (new or substituted text) or by a row of 3-dots (deleted text).

[In the following Annex wherever the words “training for work” appearsubstitute the words “work based training for adults” except in the case ofreference to the title or principal order or of the 1993 order. As per S.I. 1998/1426from 3.7.98.]

PART IGENERAL

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions

2. In these Regulations–�1“the 2005 Act” means the Education Act 2005(a);�“academic authority” means, in relation to an institution, the governing body, orother body having the functions of a governing body and includes a person actingwith the authority of that body;“authority” means a local education authority;“award” includes–

(i) either a fees only award or a full award bestowed under these Regulations;and

(ii) any award bestowed under previous Awards Regulations in respect ofa person’s attendance at a designated course the first year of whichbegins before 1st September 1998, or begins on or after that date if theperson meets the conditions referred to in regulation 6(7);

�1“category 2 European Student” means a person who is a national of a memberstate of the European Community–(a) who has been ordinarily resident in the British Islands throughout the three

year period immediately preceding the start of the relevant designated course;(b) who, where he is a national of the United Kingdom, has a right to be treated

no less favourably than a national of another member state by virtue ofhaving exercised a Community right of free movement; and

(c) who, in a case where his ordinary residence referred to in sub-paragraph (a)was wholly or mainly for the purpose of receiving full-time education, wasordinarily resident in the European Economic Area immediately prior to theperiod of ordinary residence referred to in sub-paragraph (a).�

“Certificate in Education” includes a Teacher’s Certificate;�2“child of a Turkish worker” means a person who falls within paragraph 12 ofSchedule 5A�“course”, “designated course”, “sandwich course” and other qualified referencesto courses have the meanings respectively assigned to them by regulation 4;“degree” means a degree awarded by a university, institution of higher educationin the United Kingdom or the Council for National Academic Awards;“dependent” means wholly or mainly financially dependent;“employment” means full-time employment or part-time employment which, in anormal week, involves a significant number of hours of work and “employed”shall be construed accordingly, and for the purposes hereof the references toemployment include references to the holding of any office and to any occupationfor gain;

Annex 2

(a ) 2005 c. 18.

1Defns. of “the 2005Act” & “category 2European student”inserted by reg. 6(2) &(3) of S.I. 2005/2083 asfrom 1.9.04.

2Defn. of “child of aTurkish worker”inserted by reg. 6(2) ofS.I. 2007/1629 as from16.7 .07 .


Extracts from Education (Mandatory Awards) Regulations 2003, S.I. 2003/1994

INCOME SUPPORT (GENERAL) REGULATIONSSI 1987/1967

6.4004

“EEA Agreement” means the Agreement on the European Economic Area signedat Oporto on 2nd May 1992(a) as adjusted by the Protocol signed at Brussels on17th March 1993(b);“EEA migrant worker” has the meaning assigned to it in regulation 5;“European Community” means the area comprised by the member states of theEuropean Community (including the United Kingdom) as constituted from timeto time;“European Economic Area” means the European Community and subject to theconditions laid down in the EEA Agreement the area comprised by the Republicof Iceland, the Kingdom of Norway and the Principality of Liechtenstein;�1“European student” means a person who is a national of a member state of theEuropean Community or the child of such a national–(a) who has not been ordinarily resident in the British Islands as described in

regulation 13(1)(a), whose residence in the British Islands has been whollyor mainly for the purposes of receiving full-time education as described inregulation 13(1)(b) or who is not settled in the United Kingdom as describedin regulation 13(1)(c); and

(b) who is not a category 2 Eur opean student;�“fees only award” means an award bestowed only in respect of fees described inSchedule l;“full award” means an award bestowed in respect of both fees described in Schedule1 and a maintenance grant;...“independent student” has the meaning assigned to it by regulation 3;“institution” means an educational institution in the United Kingdom providingfurther or higher education or both, or providing a course which qualifies forfunding under �1Part 3 of the 2005 Act�;“maintenance grant” has the meaning assigned to it by regulation 17“Metropolitan Police District” means the areas referred to in section 76(1) of theLondon Government Act 1963(c) as it had effect prior to its amendment by section323 of the Greater London Authority Act 1999(d);�2“new academic term” means any academic term beginning on or after 1September �32007�;�3“new payment” means a payment made under these Regulations as amended bythe Education (Mandatory Awards) (Amendment) Regulations 2004, the Education(Mandatory Awards) (Amendment) (No. 2) Regulations 2004, the Education(Mandatory Awards) (Amendment) Regulations 2005, the Education (MandatoryAwards) (Amendment) Regulations 2006 and the Education (Mandatory Awards)(Amendment) Regulations 2007;��3“old payment” means a payment which would have been made under theseRegulations, as amended by the Education (Mandatory Awards) (Amendment)Regulations 2004, the Education (Mandatory Awards) (Amendment) (No. 2)Regulations 2004, the Education (Mandatory Awards) (Amendment) Regulations2005 and the Education (Mandatory Awards) (Amendment) Regulations 2006, ifthey had not been amended by the Education (Mandatory Awards) (Amendment)Regulations 2007;��...“overseas institution” means an educational institution outside the UnitedKingdom providing further or higher education or both;“previous Awards Regulations” means Regulations made under section 1 of theEducation Act 1962 and revoked either by regulation 6 or before the coming intoforce of these Regulations;“refugee” means a person who is recognized by Her Majesty’s Government as arefugee within the meaning of the United Nations Convention relating to theStatus of Refugees done at Geneva on 28th July 195l(e) as extended by the

Annex 2


(a ) Cmnd.2073.(b) Cmnd 2183.(c) 1963 c. 33; section 76 was amended by the Local Authorities etc. (Miscellaneous Provisions)

Order 1974 (S.I. 1974/482), article 11.(d) 1999 c. 29.(e) Cmnd. 9171.

1Defn. of “Europeanstudent” substituted &words in defn. of“institution” & “newacademic term”substituted by reg. 6(4)-(8) of S.I. 2005/2083 asfrom 1.9.05.

2Defns. of “newacademic term” insertedby reg. 4(3) of S.I.2004/1038 as from1.9 .04 .3Words inserted in defn.of “new academic term”and defn. of “newpayment” and “oldpayment” substituted byreg. 6(2) to (5) of S.I.2007/1629 as from16.7 .07 .


INCOME SUPPORT (GENERAL) REGULATIONS


SI 1987/1967

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Protocol thereto which entered into force on 4th October 1967(a) and any referenceto the child of a refugee includes a reference to a person adopted in pursuance ofadoption proceedings and a step-child;“sandwich course” and in relation to such a course “periods of experience”,“prescribed proportion”, “modified proportion” and “sandwich year” have themeanings respectively assigned to them by paragraph 1 of Schedule 5;“statutory award” means any award bestowed or grant paid by virtue of theEducation Act 1962 or any comparable award, grant or other payment made inrespect of attendance at a course which is paid out of moneys provided byParliament;“student” means a person upon whom an award has been bestowed under theseRegulations or previous Awards Regulations;�1“Switzerland Agreement”� means the Agreement between the EuropeanCommunity and its Member States of the one part, and the Swiss Confederation,of the other, on the free movement of Persons signed at Luxembourg on 21stJune 1999 and which came into force on 1st June 2002(b);�2“Turkish worker” means a Turkish national who–(a) is ordinarily resident in the British Island; and(b) is, or has been, lawfully employed in the United Kingdom;�“university” means a university in the United Kingdom and includes a universitycollege and a constituent college, school or hall of a university;“year”, in relation to a course, means the period of twelve months beginning on1st January, 1st April, 1st July or 1st September according as to whether theacademic year of the course in question begins in the winter, the spring, thesummer or the autumn respectively; and references to the first or the final year ofa designated course shall be construed accordingly.

References to independent students

3.—(1) In these Regulations “independent student” means a student who–(a) has attained the age of 25 years before the beginning of the year for which

payments in pursuance of his award fall to be made; or(b) has supported himself out of his earnings for periods before the first year of

his course aggregating not less than three years; or(c) has been married before the beginning of the year for which payments in

pursuance of his award fall to be made whether or not the marriage is stillsubsisting; or

(d) has no parent living; or(e) is irreconcilably estranged from his parents.

(2) For the purposes of paragraph (1) (b) a student shall be treated as havingsupported himself out of his earnings for any period or periods for which–

(a) he was participating in arrangements for training for the unemployed underany scheme operated, sponsored or funded by any state authority or agency,national, regional or local;

(b) the student was in receipt of benefit payable by any state authority or agency,national, regional or local, in respect of a person who is available foremployment but who is unemployed;

(c) the student was available for employment and had complied with anyrequirement of registration imposed by a body referred to in paragraphs (a)and (b) as a condition of entitlement for participation in arrangements fortraining or receipt of benefit; or

(d) the student held a State Studentship bestowed under regulation 4 of theState Awards Regulations 1978(c) or a comparable award; or

(a ) Cmnd 3906 (Out of print).(b) Cm 4904.(c) S.I. 1978/1096, amended by S.I. 1979/333, S.I. 1983/188, S.I.1983/920 and S.I.1987/1365,

S.I. 1988/1392 and S.I. 1991/831.

1Defn. of “SwissAgreement” amended toread “SwitzerlandAgreement” by reg. 4(2)of S.I. 2004/1038 asfrom 1.9.04.2Defn. of “Turkishworker” inserted by reg.6(6) of S.I . 2007/1629as from 16.7.07.




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(e) the student received any pension, allowance or other benefit paid by reasonof a disability to which the student is subject, or by reason of confinement,injury or sickness, paid by any state authority or agency, national, regionalor local, by an employer or any former employer, or by any other person; or

(f) the student could not reasonably have been expected to support himself outof his earnings because he had the care of a person under the age of 18 yearswho was dependent upon him.

(3) For the purposes of paragraph (1)(e) a student shall be regarded as irreconcilablyestranged from his parents if, but not only if, he has not communicated with either oneof them for the period of one year before the beginning of the year for which paymentsin pursuance of his award fall to be made.

(4) In this regulation “parent” shall have the same meaning as in Part II of Schedule3 to these Regulations.

References to courses

4.—(1) In these Regulations any reference to a designated course shall be construedas a reference to a course designated by or under regulation 10 and, in relation to anyperson, any reference to such a course (otherwise unqualified) shall, as the contextrequires, be construed as a reference to a designated course which the person in questionattends or has applied to attend; and, in relation to any designated course except onedesignated under regulation 10(1)(d), any reference to a course shall be construed as areference to either a course of full-time study or a sandwich course.

(2) In these Regulations any reference to a first degree course, a DipHE course, anHND course, a course of initial training for teachers, a course comparable to a firstdegree course or an international course shall be construed in accordance withregulation 10.

(3) In these Regulations any reference to a sandwich course shall be construed as areference to such a course within the meaning of paragraph 1 of Schedule 5.

(4) In these Regulations, any reference to a course of higher education shall be construedin accordance with section 120(1) of the Education Reform Act 1988(a).

(5) For the purposes of these Regulations a course the standard of which is not higherthan a first degree course which leads to a qualification as a medical doctor, a dentist, aveterinary doctor, an architect, a landscape architect, a landscape designer, a landscapemanager, a town planner or a town and country planner shall be considered to be a singlecourse for a first degree or for an equivalent qualification notwithstanding that the coursemay lead to another degree or qualification being conferred before the degree or equivalentqualification, and notwithstanding that part of the course may be optional.

…………………………………….

Revocations and transitional provisions

6.—�1(3).The payment to be made in relation to any new academic term shall be a newpayment, and the payment in relation to any other academic term shall be an old payment,and a payment in relation to any year shall be calculated accordingly.�

(4) �1�

……………………………………………………

Designated courses

10.—(1) The following courses are hereby designated–(a) a first degree course, that is to say–

(i) a course provided by a publicly funded institution for a first degree or forthe degree of Bachelor of Medicine or an equivalent degree;

(a) 1988 c. 40.

1In reg. 6, para. (3)substituted & (4)omitted by reg. 5 of S.I.2004/1038 as from1.9 .04 .




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(ii) a course provided by the University of Buckingham for a first degree of thatuniversity;

(iii) an international course, that is to say a course provided by a publicly fundedinstitution in conjunction with an overseas institution for a first degree;

(iv) a course provided by a publicly funded institution in conjunction with aprivate institution, or by a private institution, for a first degree or for thedegree of Bachelor of Medicine or an equivalent degree, which is for thetime being designated for the purposes of this provision by the Secretary ofState;

(b) a Dip HE course, that is to say–(i) a course provided by a publicly funded institution for the Diploma of

Higher Education:

(ii) a course provided by a publicly funded institution for the Diploma of HigherEducation or a first degree as the student may elect after the commencementof the course;

(iii) a course provided by a publicly funded institution in conjunction with aprivate institution, or by a private institution, for the Diploma of HigherEducation which is for the time being designated for the purposes of thisprovision by the Secretary of State;

(c) an HND course, that is to say–

(i) a course provided by a publicly funded institution for the Higher NationalDiploma or the Higher National Diploma of the Business & TechnologyEducation Council;

(ii) a course provided by a publicly funded institution in conjunction with aprivate institution, or by a private institution, for the Higher NationalDiploma or the Higher National Diploma of the Business & TechnologyEducation Council, which is for the time being designated for the purposesof this provision by the Secretary of State;

(d) a course of initial training for teachers, that is to say–

�(i) a full-time course for the initial teacher training of teachers (other than acourse for the degree of Bachelor of Education) provided–

(aa) by a publicly funded institution; or

(bb) where a private institution is a training provider within the meaningof section 78 of the 2005 Act or an eligible institution within themeaning of section 86 of the 2005 Act, by a public institution inconjunction with such a private institution; or

(cc) by a private institution of the type referred to in (bb);�(ii) a part-time course of teacher training, involving not less than 3 days’

attendance for the purposes of study or teaching practice during each of atleast 30 weeks during each year of the course, for the time being designatedfor the purposes of this provision by the Secretary of State;

(iii) any other course of teacher training, whether full-time, part-time or partlyfull-time and partly part-time, for the time being so designated;

(e) a course comparable to a first degree course, that is to say–

(i) a course of at least three academic years’ duration provided by a universityor universities for a certificate, diploma, or other academic award; or

(ii) a course for the time being designated for the purposes of this provision bythe Secretary of State.

(2) In this regulation a reference to a publicly funded institution is a reference to aninstitution or institutions which are maintained or assisted by recurrent grants out ofpublic funds, and a reference to a private institution is a reference to an institution orinstitutions which are not so maintained or assisted.

Para. (1)(d)(i) of reg.10 substituted by reg. 8of S.I. 2005/2083 asfrom 1.9.05.




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(3) For the purposes of paragraph (1) (d) a full-time course is a course involving not lessthan 30 weeks’ full-time attendance for the purposes of study or teaching practice duringeach year of the course, a part-time course is a course involving periods of attendance forthose purposes all of which are part-time, and a partly full-time and partly part-time courseis any other course.

(4) In paragraphs (1) (d)(ii) and (3) in relation to a course provided at the University ofOxford or Cambridge a reference to a period of 30 weeks shall have effect as a reference toa period of 25 weeks.

………………………………………………

PART 3PAYMENTS

Payments

17.—(1) Subject to regulations 16, 20, 21, 22, 23, 25 and 26, the authority shall inrespect of each year pay in pursuance of an award–

(a) in respect of fees, a sum equal to the aggregate of any such fees payable inrespect of the student as are described in Schedule 1, less–

(i) the amount if any by which the student’s resources exceed his requirementsfor the purposes of regulation 18(1) (whether or not a maintenance grantis calculated under sub-paragraph (b)), or

(ii) the amount of any income referred to in paragraph 1(1) (b) of Schedule 3which is not disregarded under that paragraph,

whichever is the less;

(b) where the award is a full award, in respect of maintenance a sum calculatedin accordance with regulation 18.

(2) The aggregate of any sums paid in respect of maintenance shall be called the“maintenance grant”, and so much of the maintenance grant as appears to the authorityto be appropriate shall be treated as being in respect of the Easter and Christmasvacations.

Calculation of grant

18.—(1) Subject to paragraph (2) the sum mentioned in regulation 17(1)(b) shall bethe amount by which the student’s resources fall short of his requirements and for thepurposes of ascertaining that amount–

(a) the requirements of the student shall be taken to be the aggregate of theamounts specified in Schedule 2 other than those specified in paragraphs 9and 10 as are applicable in his case; and

(b) the resources of the student shall be taken to be the aggregate of his income forthe year calculated in accordance with Part I of Schedule 3 and any contributionapplicable in his case by virtue of Part II or III of that Schedule.

(2) There shall be added to the sum referred to in regulation 17(1) (b) the amount ofany supplementary requirements of the student specified in paragraphs 9 and 10 ofSchedule 2, less such part of any amount subtracted in accordance with regulation17(1) (a) as is not required to reduce the amount payable in respect of fees to nil.

(3) This regulation and Schedules 2 and 3 shall have effect–

(a) in the case of such a student as is mentioned in Schedule 4, subject to theprovisions thereof; and

(b) where regulation 20 applies, subject as therein provided.

…………………………………………….




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Sandwich courses

20.—(1) This regulation shall apply where the course is a sandwich course unless–

(a) the student is a member of a religious order and regulation 21 applies; or(b) the course is a course for the initial training of teachers designated under

regulation 10(1) (d).

(2) For the purpose of calculating payments under regulation 17 in respect of asandwich year, that regulation and Schedules 2 and 3 shall have effect subject to theprovisions of Schedule 5; but no payments in respect of maintenance shall be made inrespect of a year in which there are no periods of full-time study.

Members of religious orders

21.—(1) This regulation shall apply where the student is a member of a religiousorder (“the Order”) unless the course is a course of teacher training designated underregulation 10(1)(d)(iii) and regulation 22 applies.

(2) The payment in respect of maintenance under regulation 17(1)(b) in the case of astudent upon whom an award bestowed under previous Awards Regulations has beenbestowed shall be the sum specified as appropriate in paragraph (3) or (4):

Provided that–

(a) where the course is a sandwich course, the payment in respect of a sandwichyear shall be the prescribed proportion of the sum otherwise payable in respectof maintenance and no payment shall be made in respect of a year whichincludes no periods of full-time study;

(b) where the course is a part-time course of teacher training designated underregulation 10(1) (d) (ii), the payment shall be three-quarters of the sum sospecified.

(3) In the case of a student who resides at his parents’ home or in a house of theOrder, the appropriate sum shall be £790.

(4) In the case of any other student, the appropriate sum shall be £1,075 except that–

(a) if he attends one of the following:

(i) a course at the University of London, or(ii) a course at an institution which requires attendance for at least half the

time in aggregate of any term of the academic year excluding vacationsat a site within the area comprising the City of London and the MetropolitanPolice District, or

(iii) a sandwich course at an institution which requires him to undertake workexperience or a combination of work experience and study for at leasthalf the time in aggregate of any term of the academic year excludingvacations at a site or sites within the area comprising the City of Londonand the Metropolitan Police District,

it shall be £1,345.(b) if he attends as part of his course an overseas institution, it shall be … £1,160.

(5) In this regulation “prescribed proportion” shall have the same meaning as inSchedule 5.

Courses of teacher training

22.—(1) This regulation shall apply–(a) where the course is a part-time course of teacher training designated under

sub-paragraph (d) (ii) or (d) (iii) of regulation 10(1); or

(b) where it is a partly full-time and partly part-time course designated under thesaid sub-paragraph (d) (iii),




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unless the student is a member of a religious order, the course is a part-time course ofteacher training designated under the said sub-paragraph (d) (ii) and regulation 21applies.

(2) Where the course is designated under the said sub-paragraph (d) (ii), the paymentin respect of maintenance under regulation 17(1) (b) shall be a grant equal to three-quarters of the sum otherwise payable.

(3) Subject to the following paragraphs, where the course is designated under the saidsub-paragraph (d) (iii), the said payment under regulation 17(1) (b) shall be–

(a) in a year in which the student’s periods of attendance are all periods of full-time attendance or in which his aggregate period of full-time attendance is30 weeks or more, the maintenance grant;

(b) in a year in which the student’s periods of attendance are all periods of part-time attendance …, the sum of £325;

(c) in any other year, a sum equal to the aggregate of–(i) the proportion of the maintenance grant which the student’s aggregate

period of full-time attendance in the year, expressed in weeks, bears to30, and

(ii) ..the proportion of £325 which the difference between the said aggregateperiod and 30 weeks bears to 30.

(4) In relation to a student employed full-time as a teacher, paragraph (3) shall haveeffect except in such a year as is mentioned in sub-paragraph (a) thereof, as if itprovided that the said payment under regulation 17 should be £90;

(5) In relation to a student attending a course provided at the University of Oxford orCambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any referencetherein to–

(a) a period of 30 weeks were a reference to a period of 25 weeks; and

(b) the proportion which a period expressed in weeks bears to 30 were a reference tothe proportion which that period bears to 25.

(6) For the purposes of this regulation a day shall be reckoned as a seventh of aweek, and “attendance” means attendance for the purposes of study or teachingpractice.

………………………………………..

Alan JohnsonMinister of State,

28th July 2003 Department for Education and Skills

……………………………………




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SCHEDULE 2

Regulations 18 and 20(2)

REQUIREMENTS

PART 1

ORDINARY MAINTENANCE

1.—(1) The requirements of the student referred to in regulation 18(1) (a) shallinclude his requirement for ordinary maintenance during–

(a) any period while he is attending the course; and

(b) the Christmas and Easter vacations;

and the amount of such requirement (“ordinary maintenance requirement”) shall bedetermined in accordance with this Part of this Schedule.

(2) Where a student’s ordinary maintenance requirements are different in respect ofdifferent parts of a year, his ordinary maintenance requirement for that year shall bethe aggregate of the proportionate parts of those differing requirements.

2.—(1) This paragraph shall apply in the case of–

(a) any student who does not reside at his parents’ home; and

(b) any student residing at his parents’ home whose parents by reason of age,incapacity or otherwise cannot reasonably be expected to support him andin respect of whom the authority are satisfied that in all the circumstancesthe ordinary maintenance requirement specified herein would be appropriate.

(2) In the case of such a student the ordinary maintenance requirement shall be£2,045 except that–

(a) if he attends one of the following:

(i) a course at the University of London, or(ii) a course at an institution which requires attendance for at least half the

time in aggregate of any term of the academic year excluding vacationsat a site within the area comprising the City of London and the MetropolitanPolice District, or

(iii) a sandwich course at an institution which requires him to undertake workexperience or a combination of work experience and study for at leasthalf the time in aggregate of any term of the academic year excludingvacations at a site or sites within the area comprising the City of Londonand the Metropolitan Police District,

it shall be £2,510.(b) if he attends for a period of at least eight weeks and as part of his course an

verseas institution, it shall be … £2,920.

3. In the case of any other student the ordinary maintenance requirement shall be£1,665.

PART 2

SUPPLEMENTARY MAINTENANCE ETC.

4. The requirements referred to in regulation 18 shall include the student’srequirements–

(a) for supplementary maintenance in the cases and for the periods mentioned inparagraphs 5, 6 and 10; and




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(b) in respect of such expenditure as is mentioned in paragraphs 7 to 9;

and the amount of any such requirement (“supplementary requirement”) shall bedetermined in accordance with this Part of this Schedule.

5.—(1) This paragraph shall apply in the case of a student who having, in anyacademic year, attended his course–

(a) in the case of a course provided at the University of Oxford or Cambridge, fora period of 25 weeks 3 days; or

(b) in the case of any other course, for a period of 30 weeks 3 days,in that year attends a course so provided for a further period (“the excess period”).

(2) In respect of each week and any part of a week comprised in the excess period thesupplementary requirement shall be–

(a) in the case of a student residing at his parents’ home, £48;(b) in the case of any other student, £71 except that–

(i) if he attends one of the following:

(aa) a course at the University of London, or(bb) a course at an institution which requires attendance for at leasthalf the time in aggregate of any term of the academic year excludingvacations at a site within the area comprising the City of London and theMetropolitan Police District, or

(cc) a sandwich course at an institution which requires him toundertake work experience or a combination of work experience andstudy for at least half the time in aggregate of any term of the academicyear excluding vacations at a site or sites within the area comprisingthe City of London and the Metropolitan Police District,

it shall be £92;(ii) if he attends for a period of at least eight weeks as part of his course an

overseas institution, it shall be … £99.

6.—(1) This paragraph shall apply in the case of a student who attends his coursefor a period of not less than 45 weeks in any continuous period of 52 weeks.

(2) In respect of each aggregate period of a complete week for which he does not attendhis course in the period of 52 weeks in question, the student’s supplementary requirementshall be determined in accordance with paragraph 5(2).

7.—(1) This paragraph shall apply in the case of a student who is obliged to incurreasonable expenditure–

(a) in the case of a student attending a course in medicine, dentistry or nursing,a necessary part of which is a period of study by way of clinical training, forthe purpose of attending in connection with his course any hospital or otherpremises in the United Kingdom (not comprised in the institution) at whichfacilities for clinical training are provided, but not incurred for the purposeof residential study away from the institution;

(b) within or outside the United Kingdom for the purpose of attending for a periodof at least eight weeks and as part of his course an overseas institution.

(2) The student’s supplementary requirement in respect of such expenditure shallbe the amount of such expenditure less £270.

(3) For the purposes of this paragraph any reference to expenditure incurred for thepurpose of attending an institution or period of study–

(a) includes expenditure both before and after so attending; and(b) does not include any expenditure for a purpose specified in paragraph 9.

8.—(1) This paragraph shall apply in the case of a student who reasonably incursany expenditure in insuring against liability for the cost of medical treatment provided




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outside the United Kingdom for any illness or bodily injury contracted or sufferedduring a period of study outside the United Kingdom which is part of the student’scourse.

(2) The student’s supplementary requirement in respect of such expenditure shall be theamount reasonably incurred.

9.—(1) This paragraph shall apply in the case of a disabled student where the authorityis satisfied that by reason of his disability he is obliged to incur additional expenditure inrespect of his attendance at the course.

(2) The student’s supplementary requirements shall be such amounts as the authorityconsider appropriate–

(a) in respect of a non-medical personal helper not exceeding £11,280;

(b) in respect of major items of specialist equipment not exceeding £4,460 in totalfor the duration of his course;

(c) in respect of expenditure incurred–

(i) within the United Kingdom for the purposes of attending the institution;(ii) within or outside the United Kingdom for the purpose of attending as part of

his course an overseas institution;

in respect of any other expenditure including expenditure incurred for the purposesspecified in paragraphs (a) and (b) which exceed the maxima specified therein notexceeding £1,490.

10.—(1) This paragraph shall apply in the case of a student–(a) who is under the age of 21 on the first day of the course;

(b) in respect of whom a parental contribution is not applicable in accordance withPart II of Schedule 3 because he has pursuant to an order of a competent courtbeen in such custody or care or has been provided with accommodation asdescribed in paragraph 3(c) of that Schedule; and

(c) who in the opinion of the authority is subject to greater financial hardship byreason of having been in custody, care or having been provided withaccommodation as mentioned in paragraph (b) than he would have been if hehad not been in custody, care or having been provided with accommodation.

(2) The student’s supplementary requirement shall be such amount as the authorityin all the circumstances consider appropriate not exceeding £100 for each week orpart of a week which–

(a) falls within the longest vacation taken; and(b) during no part of which week the student attends his course.

PART 3

MAINTENANCE OF DEPENDANTS

11.—(1) The requirements referred to in regulation 18(1)(a) shall include the student’srequirements for the maintenance of dependants during the year and the amount ofany such requirement (“dependants requirement”) shall be determined in accordancewith this Part of this Schedule.

(2) Where a student’s requirements for the maintenance of dependants are different inrespect of different parts of a year, his dependants requirement for that year shall be theaggregate of the proportionate parts of those differing requirements.

12.—(1) In this Part of this Schedule–“adult dependant” means, in relation to a student, an adult person dependent onthe student not being his child, his spouse or a person living with him as hisspouse or his former spouse, subject however to sub-paragraphs (2) and (3);




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(a ) 2002 c. 21.(b) 1992 c. 4.(c) 1976 c. 36; section 57A was introduced by paragraph 25 of Schedule 10 to the Children Act

1989 (c. 41). The relevant instruments are S.I. 1991/2030 and 2742.(d) 1989 c. 41.(e) 1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and

Magistrates’ Courts Act 1978 (c. 22); the Act was repealed by the Children Act 1989 (c. 41),section 108(7) and Schedule 15.

“child”, in relation to a student, includes a person adopted in pursuance of adoptionproceedings, a step-child and any child for whom the student has parentalresponsibility and who is dependent on him;“dependant” means, in relation to a student, his spouse, his dependent child forwhom he or his spouse is in receipt of child tax credit under Part I of the TaxCredits Act 2002(a), or an adult dependant, subject, subject however to sub-paragraphs(2) and (3);“income” means income for the year from all sources (reduced by income tax andsocial security contributions) but disregarding–

(a) any pension, allowance or other benefit paid by reason of a disability orincapacity to which the person is subject;

(b) child benefit payable under Part IX of the Social Security Contributions andBenefits Act 1992(b);

(c) any allowance payable to his spouse by an adoption agency in accordance withregulations made under section 57A of the Adoption Act 1976(c);

(d) any guardian’s allowance to which his spouse is entitled under section 77 of theSocial Security Contributions and Benefits Act 1992;

(e) in the case of a spouse with whom a child in the care of a local authority isboarded out, any payment made to him in pursuance of section 23 of the ChildrenAct 1989(d);

(f) any payments made to his spouse in pursuance of an order made under section34 of the Children Act 1975(e), or under section 15 of and Schedule 1 to theChildren Act 1989 or any assistance given by a local authority pursuant tosection 24 of that Act, in respect of a person who is not the spouse’s child;

(g) any child tax credit to which he is entitled under Part I of the Tax Credits Act2002;

(h) where the spouse holds an award in respect of a course of teacher trainingdesignated under regulation 10(1) (b) (iii), being a part-time course or a coursewhich is partly full-time and partly part-time, the payments in respect ofmaintenance made to the spouse in pursuance of regulation 17(1) (b) or so muchof those payments as related to the part-time part of the course;

(i) where the spouse or the student make any recurrent payments which werepreviously made by the student in pursuance of an obligation incurredbefore the first year of the student’s course–

(ii) if, in the opinion of the authority, the obligation had been reasonably soincurred, an amount equal to the payment in question;

(iii) if, in their opinion, only a lesser obligation could have been reasonably soincurred, such correspondingly lesser amount (if any) as appears to themappropriate;

“relevant award” means a statutory award in respect of a person’s attendance at–(a) a full-time course of higher education or a comparable course outside England

and Wales;

(b) a course designated under sub-paragraph (d) (ii) of regulation 10(1); or(c) the full-time part of a course designated under sub-paragraph (d) (iii) of regulation

10(1) which is partly full-time and partly part-time;“spouse”, except in the definition above of adult dependant, shall not include astudent’s spouse if they have ceased ordinarily to live together whether or not anorder for their separation has been made by any court.




SI 1987/1967

6.4015

Annex 2


(a ) 2002 c. 21.

Words substituted &omitted in para. 13(4) &14(1) by reg. 12 of S.I.2005/2083 as from1.9 .05 .

(2) A person, including the student’s spouse, shall not be treated as a dependant ofthe student during any period for which that person–

(a) holds a relevant award; or(b) (save for the purposes of paragraph 15) is ordinarily living outside the United

Kingdom.

(3) A person shall not be treated as a student’s adult dependant … if the person’s netincome exceeds £3,280.

…

13.—(1) Subject to the following sub-paragraphs the dependants requirement of astudent shall in respect of each academic year be £2,280 in total for only one of thefollowing–

(a) a spouse, or(b) an adult dependant whose net income does not exceed £3,280.

(2) The amount of dependants requirement under sub-paragraph (1) shall bereduced or extinguished by the difference between–

(a) the aggregate of the net income of each of the student’s dependants; and(b) where the student–

(i) has no dependent child, £1,000;(ii) is not a lone parent and has one dependent child, £3,000;

(iii) is not a lone parent and has more than one dependent child, £4,000;(iv) is a lone parent and has one dependent child, £4,000; or(v) is a lone parent and has more than one dependent child, £5,000

provided the aggregate amount calculated under paragraph (a) of this sub-paragraph is greater than the amount applicable under paragraph (b) of this sub-paragraph.

(3) The dependants requirement of the student shall, subject to paragraphs 14 and15 be–

(a) if the student’s spouse holds a statutory award and in calculating paymentsunder it account is taken of the spouse’s dependants requirement, one half ofthe amount determined in accordance with sub-paragraphs (1) and (2);

(b) in any other case, the whole of the amount so determined.

…

(4) Where the student–

(a) is entitled to dependants requirement under sub-paragraph (1) �� and hehas one or more dependent children, in addition to any dependantsrequirement referred to in the preceding paragraphs he shall be entitledto receive the sum of £1,300;

(b) is �not� entitled to receive dependants requirement under sub-paragraph (1)�� and has one or more dependent children, he shall be entitled to receive thesum of £1,300 less the amount up to a maximum of £1,250 by which theaggregate of the net income of each of the student’s dependants exceeds theamount applicable in paragraph 13(2)(b) provided such excess amount is lessthan £1,300.

14.—(1) Subject to the following sub-paragraphs where the student �� and he or hisspouse has elected not to receive the child care element of the working tax creditunder Part I of the Tax Credits Act 2002(a), his dependants requirement shall in respectof each academic year be increased in respect of childcare costs for each dependentchild where the childcare is provided by an approved or registered childcare provider,if–

(a) the child is under the age of 15 immediately before the beginning of theacademic year; or




6.4016

Annex 2


(a ) 1996 c. 56, section 312.

Words in para. 14(3)substituted by reg. 12 ofS.I. 2005/2083 as from1.9 .05 .

(b) the child has registered special educational needs within the meaning of theEducation Act 1996(a) and is under the age of 17 immediately before thebeginning of the academic year.

…

(2) The dependants requirement for each week for which a student shall be eligibleunder sub-paragraph (1) is:

…

(a) for one dependent child, 85 per cent. of the costs of the childcare, subject toa maximum amount of £114.75, or

(b) for two or more dependent children, 85 per cent. of the costs of the childcare,subject to a maximum amount of £170

except that the student shall not be eligible for any such amount in respect of eachweek falling within the period between the end of the course and the end of theacademic year in which the course ends.

…

(3) Where the amount to be deducted from a student’s dependants requirement inaccordance with paragraph 13(2) exceeds the amount calculated under paragraph13(1) and dependants requirement is payable under �sub-paragraph (2)� theamount of such dependants requirement shall be reduced or extinguished by theamount of the excess and if the excess is greater than is required to extinguish anydependants requirement payable under �sub-paragraph (2)� any dependantsrequirement payable under paragraph 13(4) shall be reduced or extinguished bythe amount of the remaining excess.

(4) Where the amount to be deducted from a student’s dependants requirement inaccordance with paragraph 13(2) exceeds the amount of dependants requirementcalculated under paragraph 13(1) and no dependants requirement is payable undersub-paragraph (2), any dependants requirement payable under paragraph 13(4) shallbe reduced or extinguished by the amount of the excess.

(5) Where no amount is to be deducted from a dependants requirement in accordancewith paragraph 13(2) because paragraph 13(1) does not apply and dependantsrequirement is payable under sub-paragraph (2) the amount so payable shall be reducedor extinguished by the difference between–





(6) If the difference calculated under sub-paragraph (5) exceeds the amountrequired to extinguish any dependants requirement payable under sub-paragraph(2) any dependants requirement payable under paragraph 13(4) shall be reducedor extinguished by the amount of the excess.

(7) Where no amount is to be deducted from a dependants requirement in accordancewith paragraph 13(2) because paragraph 13(1) does not apply and no dependantsrequirement is payable under sub-paragraph (2) the amount of dependants requirementpayable under 13(4) shall be reduced or extinguished by the difference between–




SI 1987/1967

6.4017

Annex 2


(a ) 1999/3110.(b) 2005/93.(c) 1989 c. 41; section 79F was inserted by the Care Standards Act 2000(c. 14).

Defn. of “approvedchildcare provider”substituted by reg.12(3)(c) of S.I. 2005/2083 as from 1.9.05.





(8) If the student’s spouse holds a statutory award and if in calculating paymentsunder it account is taken of the spouse’s dependants requirement, account is taken ofhis dependants, the amount of grant calculated under sub-paragraph (2) shall bereduced by one half.

…

(9) In this paragraph–�“approved childcare provider” means a childcare provider approved inaccordance with the Tax Credit (New Category of Child Care Provider) Regulations1999(a) or the Tax Credits (Approval of Child Care Providers) Scheme 2005(b);and�,“registered childcare provider” means a person who acts as a child minder or providesday care and is registered within the meaning of section 79F of the Children Act1989(c), (grant or refusal of registration of child minders and persons providing daycare for young children).…

15.—(1) This paragraph shall apply in the case of a student who maintains anydependant outside the United Kingdom.

(2) Notwithstanding anything in the foregoing paragraphs of this Part of this Schedule,the dependants requirement of the student shall be of such amount, if any, as the authorityconsider reasonable in all the circumstances, not exceeding the amount determined inaccordance with those paragraphs.

PART 4

CONSTRUCTION OF PARTS 1 TO 3

16. In this Schedule, any reference to the home of the student’s parents shall beconstrued, in the case of a student whose spouse attends a full-time course at anyinstitution, as including a reference to the home of the parents of the student’s spouse.

17. In this Schedule, except where the context otherwise requires, any reference to arequirement, expenditure or attendance in respect of which no period of time is specifiedshall be construed as a reference to a requirement, expenditure or attendance for the year.

………………………………………….




6.4018

Annex 2


(a ) 1977 c. 49; section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)and the National Health Service Reform and Health Care Professions Act 2002 (c. 17),section 1.

(b) Section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31,the National Health Service and Community Care Act 1990 (c. 19), Schedule 10 and theHealth Authorities Act 1995 (c. 17), Schedule 1, paragraph 2.

(c) 1978 c. 29; section 2 was amended by the Health and Social Security Adjudications Act 1983 (c.41), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990(c. 19), section 28 and Schedule 9, paragraph 19(1).

(d) S.I. 1972/1265 (N.I. 14).

SCHEDULE 5

Regulations 2, 4(3) and 20

SANDWICH COURSES

1.—(1) In this Schedule–“sandwich course” means a course consisting of alternate periods of full-timestudy in an institution and periods of experience so organised that, taking thecourse as a whole, the student attends the periods of full-time study for an averageof not less than 19 weeks in each year; and for the purpose of calculating hisattendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period;“periods of experience” means, subject to sub-paragraph (2), periods of industrial,professional or commercial experience associated with full-time study at the institutionbut at a place outside the institution;“sandwich year” means, as respects any student, any year of a sandwich course whichincludes both periods of full-time study in the institution and periods of experience,other than–

(a) unpaid service in a hospital or in a public health service laboratory or with aPrimary Care Trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exerciseof their functions relating to health, welfare or the care of children and youngpersons or with a voluntary organisation providing facilities or carrying outactivities of a like nature in the United Kingdom;

(c) unpaid service in the prison or probation and aftercare service in the UnitedKingdom;

(d) teaching practice;

(e) unpaid research in an institution or, in the case of a student attending an overseasinstitution as part of his course, in an overseas institution;

(f) such experience as aforesaid falling wholly within the usual periods of attendanceat the institution in any year which do not comprise paid service or employmentand either–(i) do not aggregate more than 6 weeks during that year; or

(ii) fall within that year and another year and do not aggregate more than 12weeks during the two years taken together, where that other year has notalready been taken into account for the purposes hereof; or

(g) unpaid service with–

(i) a Health Authority or a Strategic Health Authority established pursuantto section 8 of the National Health Service Act 1977(a) or a SpecialHealth Authority established pursuant to section 11 of that Act(b);

(ii) a Health Board or a Special Health Board constituted under section 2 of theNational Health Service (Scotland) Act 1978(c); or

(iii) a Health and Social Services Board established under Article 16 of the Healthand Personal Social Services (Northern Ireland) Order 1972(d);




SI 1987/1967

6.4019

Annex 2


Words substituted inpara. 1(4) by reg. 15(2)of S.I. 2005/2083 asfrom 1.9.05.

“prescribed proportion” means the proportion which the number of weeks in theyear for which the student in question attends the institution bears to 30, exceptthat where that proportion is greater than the whole it means the whole;“modified proportion” means the proportion which the number of weeks in the year inwhich there are no periods of experience for the student in question bears to 52.

(2) In the case of a student whose course includes the study of one or more modernlanguages for not less than one half of the time spent studying on the course andwhich includes periods of residence in a country whose language is a language of thecourse, “periods of experience” means such periods of residence during which thestudent is employed.

(3) For the purposes of determining the prescribed proportion or the modified proportionwhere the number of weeks in question is not a whole number, a day shall be reckoned asa seventh of a week.

(4) In the application of this Schedule to a student to whom Schedule 4 applies,�references to Schedule 3 are to be construed as references to that Schedule� as modifiedin accordance with Schedule 4.

(5) In the application of this Schedule to a student attending a course provided at theUniversity of Oxford or of Cambridge the provisions thereof shall have effect as if–

(a) in the definition of “prescribed proportion” in sub-paragraph (1) for thenumber “30” there were substituted the number “25”; and

(b) in paragraph 3 for the words “30 weeks 3 days”, in both places where they occur,there were substituted the words “25 weeks 3 days”.

2. For the purposes of calculating payments in respect of maintenance underregulation 17(1) (b) (ii) the prescribed proportion of the aggregate of the amountsspecified in Schedule 2, paragraph 9 shall, as respects any sandwich year, be treated asthe aggregate of the amounts so specified.

…………………………………

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 1st September 2003 supersede theEducation (Mandatory Awards) Regulations 2002 as amended (“the 2002Regulations”).

Provisions in these Regulations which differ from the corresponding provisions in the2002 Regulations (except as a result of minor drafting or consequential changes) areindicated by the use of heavy type. Omissions are indicated by the use of dots. Thechanges of substance other than changes in the rates of fees, grants and allowances aredescribed below.

The definition of “high cost country” in regulation 2(1) is omitted.

Regulation 2 defines and regulations 5 and 13 give effect to the Switzerland Agreementwhich provides that Swiss nationals are to be treated in the same way as EEA nationals.

Regulation 21(4) is amended to link the London grant rate for course attendance andwork experience to the site of study or work experience rather than the location of theinstitution. It also provides that the London rate applies where at least half the aggregatecourse time in the academic year is at a site or sites within the London area as defined. Thesame paragraph applies one rate in relation to attendance at any overseas institution.Similar amendments have been made to paragraphs 2 and 5 of Schedule 2.





Schedule 2 is amended as follows. The definition of “dependants” in 12(1) has beenamended to take account of children for whom the student or his spouse receive child taxcredit under Part I of the Tax Credits Act 2002.

Paragraph 13(1) is amended to provide that a student may only be entitled to dependantsrequirement for an adult dependant whose net income does not exceed the prescribedamount or a spouse. Paragraph 13(2) sets out the amounts by which a student’s dependantsrequirement may be reduced or extinguished based on the aggregate of the net income ofeach of his dependants. A student will no longer be able to obtain an increase in hisdependants requirement for children or travel, books and equipment.

Paragraph 14(1) has been amended to provide that where a student or his spouse haselected not to receive the child care element of the working tax credit under Part I of theTax Credits Act 2002 the dependants requirement shall be increased in respect of childcare costs.

A student will no longer receive an increase in dependants requirement for schoolmeals or to help with the maintenance of a second home where his dependant or dependantsreside but he does not.

Schedule 3 has been amended as follows. Paragraph 2(1) has been amended so that thedefinition of “financial year” no longer takes account of the transitional provisions relatingto income tax legislation of the Republic of Ireland and the assessment of parentalcontribution which have been omitted from the Regulations.

Paragraph 4(1) provides that a parental contribution in respect of more than one childcannot exceed the parental contribution that would apply if only that child held an award.Paragraph 4(2) provides that the Secretary of State’s discretion to determine how to apportionthe parental contribution shall only apply where a statutory award other than the Education(Student Support) (No.2) Regulations 2002 or section 63 of the Health Services and PublicHealth Act 1968 is held by any of the specified persons. Further the parental contributionis apportioned equally where sub-paragraph (4) does not apply subject to exceptions.



6.4031

Pt. I substituted by reg.6 of S.I. 1980/1975 asfrom 8.1.81.

Para. 9 of Pt. I of Sch. 3substituted by reg. 4 ofS.I. 1994/1553 as from6.7 .94 .

Supplement No. 43 [Jan 98]

Annex 3

ANNEX 3

Extract from Social Security (Contributions) Regulations 1979, S.I.1979/591(referred to in para. 7(1)(d) of Schedule 8 to S.I. 1987/1967 above)

SCHEDULE 3 Regulation 113

�PART I

Prescribed establishments and organisations for purposes of section 116(3) of theSocial Security Contributions and Benefits Act 1992*

1. Any of the regular naval, military or air forces of the Crown.

2. Retired and Emergency Lists of Officers of the Royal Navy.

3. Royal Naval Reserves (including Women’s Royal Naval Reserve andQueen Alexandra’s Royal Naval Nursing Service Reserve).

4. Royal Marines Reserve.

5. Army Reserves (including Regular Army Reserve of Officers, RegularReserves, Long Term Reserve and Army Pensioners).

6. Territorial and Army Volunteer Reserve.

7. Royal Air Force Reserves (including Royal Air Force Reserve of Officers,Women’s Royal Air Force Reserve of Officers, Royal Air Force VolunteerReserve, Women’s Royal Air Force Volunteer Reserve, Class E Reserve ofAirmen, Princess Mary’s Royal Air Force Nursing Service Reserve, Officerson the Retired List of the Royal Air Force and Royal Air Force Pensioners).

8. Royal Auxiliary Air Force (including Women’s Royal Auxiliary Air Force).

�9. The Royal Irish Regiment, to the extent that its members are not members of anyforce falling within paragraph 1 of this Part of this Schedule.��

*Reference amended in consequence of consolidation in Social Security Contributions and BenefitsAct 1992.



Supplement No. 43 [Jan 98]6.4032 (–6.4184)

(a ) 1977 c.49.(b) 1978 c.29.(c) 1990 c.19.

Reg. 2(2) substituted byreg. 11 of S.I. 1992/2595 as from 16.11.92.

Annex 4

ANNEX 4

Regulation 2(2) of Social Security (Hospital In-Patients) Regulations 1975,S.I. 1975/555(relevant to definition of “patient” in reg. 21(3) above).

2.—�(2) For the purposes of these Regulations, a person shall be regarded asreceiving or having received free in-patient treatment for any period for whichhe is or has been maintained free of charge while undergoing medical or othertreatment as an in-patient–

(a) in a hospital or similar institution, under the National Health ServiceAct, 1977(a), the National Health Service (Scotland) Act 1978(b) or theNational Health Service and Community Care Act 1990(c); or

(b) in a hospital or similar institution maintained or administered by theDefence Council;

and such a person shall for the purposes of sub-paragraph (a) be regarded asbeing maintained free of charge in a hospital or similar institution unless hisaccommodation and services are provided under section 65 of the NationalHealth Service Act 1977, section 58 of, or paragraph 14 of Schedule 7A to, theNational Health Service (Scotland) Act 1978 or paragraph 14 of Schedule 2 tothe National Health Service and Community Care Act 1990.�

Documents

The Income Support (General) Regulations 1987 ARRANGEMENT